New Jersey DUI Laws

New Jersey places drunk driving under the state per se law. If your blood alcohol level is at or above the legal limit while operating a motorized vehicle, you will be arrested on a DWI. In New Jersey, a DWI will result in multiple fines and penalties which include fees for the drunk driving enforcement fund and violent crimes compensation. All DWI convictions have a mandatory jail time, license suspension, and court ordered substance abuse treatment attached to the charge. New Jersey DWI laws are strictly adhered to and the penalties and fines are increased for repeat offenders. These rules apply to other substances such as drugs and inhalants.

New Jersey’s implied consent law will result in the loss of your driver’s license for 1 year if you refuse to take a blood alcohol, breath or urine test. You will also be fined $250.00 to $500.00. Your second refusal will result in the loss of your license for 2 years and your third refusal will result in the suspension of your license for 10 years. Operating a motorized vehicle on New Jersey roads is your acceptance of taking a chemical test if stopped for impaired driving. The DWI laws apply to all drivers; resident and non-resident alike. There is no administrative license in New Jersey. This means that you will be without a driver’s license while you are waiting for your court date. You may be required to install the Ignition Interlock Device (IID) on your vehicle at your own expense.

The Blood Alcohol Content (BAC) for New Jersey is .08% or higher. A BAC of .15% or higher is considered extreme DWI and the fines and penalties will be harsher. New Jersey has a zero tolerance law in place for underage drinkers. This includes anyone under 21. Underage drinkers caught driving with a BAC of 0.01% or any measurable amount of alcohol will be charged with a DWI. Even having the container in the vehicle can result in a DWI arrest. This applies to all individuals, not just underage drinkers. Over the counter cough medicine can put you over the limit. The BAC for commercial drivers, this is anyone hauling merchandise or people, is .04%.



All DWI’s in the state of New Jersey come with the following fees attached to them.

$100.00 surcharge for the drunk driving enforcement fund
$100.00 motor vehicle restoration fee
$100.00 violent crimes compensation fee
$100.00 intoxicated driver program fee
$100.00 state and municipality fee

Your first offense will result in up to 30 days of jail time and a fine of $250.00 to $400.00. If your BAC is at .10% or higher your fines will be $300.00 to $500.00. Your license will be suspended for 3 months unless your BAC is .10% or more at which point your suspension will be 7 months to 1 year. The court may require you to install the Ignition Interlock Device (IID) on your vehicle at your own expense. You will have a minimum of $525 in other DWI fees as well as an automobile insurance surcharge of $1,000.00 for the next three years. You will also be required to attend the Intoxicated Driver Resource Center for 6 hours per day for 2 days.

Your second offense will result in up to 90 days of jail time and a fine of $500.00 to $1,000.00. Your license will be suspended for 2 years. The court may require you to install the Ignition Interlock Device (IID) on your vehicle at your own expense. You will have a minimum of $525 in other DWI fees as well as an automobile insurance surcharge of $1,000.00 for the next three years. You will also be required to perform community service for 30 days.

Your third offense will result in up to 180 days of jail time, and fines of $1,000.00. Your license will be suspended for 10 years. The court may require you to install the Ignition Interlock Device (IID) on your vehicle at your own expense. You will have a minimum of $525 in other DWI fees as well as an automobile insurance surcharge of $1,500.00 for the next three years.