State DUI Laws and Penalties

New Jersey DUI Penalties, Fines and Suspensions

New Jersey Implied consent – administrative / civil penalty for refusal

  • None for the refusal of a blood or urine test. Drivers who refuse a breath test face the suspension of driving privileges.

New Jersey Implied consent – criminal penalty for refusal

  • None for the refusal of a blood or urine test. Drivers who refuse a breath test face fines.

New Jersey DUI Conviction – administrative / civil penalty (license suspension, use of IID)

  • First conviction driver’s license suspended for seven to ten months.
  • Second conviction driver’s license suspended for two years; use of IID required.
  • Third conviction driver’s license suspended for 10 years; use of IID required. N.J.S.A. 39:4-50.
  • Offenders face insurance surcharges of $1,000-$1,500 per year, depending on the number of prior offenses. N.J.S.A. 17:29A-35.

New Jersey DUI Conviction – criminal penalties (jail sentence, fines, community service)

  • First conviction jail sentence up to 30 days; fine of $300-$500.
  • Second conviction jail sentence of 48 hours to 90 days; fine of $500-$1,000; 30 days community service.
  • Third or subsequent violation minimum jail sentence of 180 days; fine of $1,000; community service up to 90 days.
  • Additional penalties for committing a violation while causing serious bodily injury. N.J.S.A. 39:4-50. Child endangerment
  • Enhanced criminal penalties for committing a violation within 1,000 feet of a school or through a school crossing. N.J.S.A. 39:4-50(g).
  • Parent or guardian who is convicted of a violation and, at the time of the violation, had a passenger age 17 or under in the motor vehicle, is guilty of a disorderly persons offense. N.J.S.A. 39:4-50.15.

Mandatory fines and penalties

Alcohol or drug related DUI with BAC of 0.10% or greater
License loss Fines, fees & surcharges Prison term Community service, IDRC & Interlock
7 months–
1 year
$300–$500 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days 12–48 hours IDRC*
BAC 0.15% or greater: ignition interlock device during license suspension and 6 months – 1 year following restoration

 

Alcohol or drug related DUI with BAC greater than 0.08% but less than 0.10%
License loss Fines, fees & surcharges Prison term Community service, IDRC & Interlock
3 months $250–$400 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days 12–48 hours IDRC*

 

Repeated DUI convictions
Offense License loss Fines, fees & surcharges Prison term Community service, IDRC & Interlock
2nd offense within 10 years 2 years $500–$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
48 hours–
90 days
30 days CS
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration
3rd offense within 10 years of 2nd offense 10 years $1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
180 days Up to 90 days CS (can reduce period of imprisonment)
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration

Related Offenses

Driving or riding with an open container
Offense Fines   Community service
  1st   $200   –
  2nd   $250   10 days

 

Driving with a DUI suspension
License loss Fines or surcharges Prison term
Additional
1–2 years
$500 fine
$250/year (for 3 years) surcharge
  10–90 days

 

Driving while possessing drugs
License loss Fines or surcharges
  2 years   Minimum $50 fine

 

Driving while possessing drugs
License loss Fines or surcharges
  2 years   Minimum $50 fine

Notes:

  • *IDRC – Intoxicated Driver Resource Center
  • *AERF – Alcohol Education and Rehabilitation Fund
  • Underage drinking may cause a six-month delay in getting a license
  • Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program

Failure to pay DUI surcharges will result in

  • Indefinite suspension of driving privileges
  • Action filed in State Superior Court by MVC. This may include securing a lien against your property, garnishing your wages or other similar action
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