DUI & DWI in New Jersey

Fines and Fees

1st offense – $250 – $800 plus

2nd offense – $1,000 – $4,000 plus

3rd offense – $1,500 – $6,000 plus

4th offense – not listed

Insurance

Insurance Increase – $1,657.35

Total policy increase – $4,972.05

Ticket Counsel Customers

Call Us

NEW JERSEY DUI/ DWI

Driving under influence (DUI) or driving while intoxicated/impaired (DWI) is an offense committed when a driver operates a vehicle after the consumption of alcohol, drugs or other intoxicants. The increased alcohol level in a driver’s blood decreases mental and motor skills. This reduces a driver’s ability to control the vehicle and increases driver errors of judgment and often results in accidents causing severe injuries and even death!

 

Drunk driving is the single largest cause of motor vehicle related fatalities. It accounts for a high of 38% to 52% of the total number of motor vehicle related deaths each year.

NEW JERSEY DUI/ DWI REGULATIONS

In New Jersey, the Blood Alcohol Content (BAC) limit is set at:

 

0.08%  – for drivers over 21 years of age

0.04%  – for commercial drivers (CDL)

0.01%  – for drivers under 21 years of age

 

Having a license in the state of New Jersey automatically renders “implied consent”. “Implied consent” can be used by the officer to test your BAC level if you are stopped on the suspicion of drunk driving, either through a Breathalyzer test or by an actual blood test. Refusing to take the chemical test may result in having to pay $1,000 as a Motor Vehicle Commission (MVC) insurance surcharge for three years. It is treated the same as the 1st offense of driving with a BAC of 0.10% and may result in losing your driving privilege for 7 months to 1 year. If you are convicted of DUI/DWI, it is recommended that you get in touch with a DUI/DWI lawyer as they are experts at handling such incidents and can offer you the best advice.

Insurance companies keep a close watch on DUI violations. Your insurance premiums may go up drastically, and you may be labeled a “high-risk” customer. Even worse, your insurance company may cancel your policy, leaving you to search for insurance with the “high-risk” driver tag, meaning you’ll have to pay much higher premiums.

NEW JERSEY DUI/ DWI PENALTIES

If convicted of a DUI/ DWI the ramifications include: Heavy Fines, Points on your drivers license, and a License Suspension or Revocation, and higher Insurance Premiums! Points are assessed based on the severity of the offense and the number of convictions. All this information can be found on our website. You could also contact Ticket Counsel absolutely FREE!!!

If you are over 21 years old:

First Offense (BAC 0.08% to 0.10%)
  • Imprisonment for up to 30 days and/or a $250 to $400 fine.
  • Points will be added to your driving record.
  • Your driving privilege will be suspended for 3 months.
  • You may have to take part in an Intoxicated Driver Resource Center (IDRC) for 12-48 hours and pay IDRC fee of $230 per day.
  • You will also have to pay Alcohol Education, Rehabilitation and Enforcement Fund (AERF) fee of $100, Drunk Driving Enforcement Fund fee of $100, and annual surcharge of $1,000 for 3 years and Safe Neighborhood Services Fund fee of $75.
  • You may have to install an Ignition Interlock Device for between 6 months and 1 year.

First Offense (BAC 0.08% to 0.10%)

  • Imprisonment for up to 30 days and/or a $250 to $400 fine.
  • Points will be added to your driving record.
  • Your driving privilege will be suspended for 3 months.
  • You may have to take part in an Intoxicated Driver Resource Center (IDRC) for 12-48 hours and pay IDRC fee of $230 per day.
  • You will also have to pay Alcohol Education, Rehabilitation and Enforcement Fund (AERF) fee of $100, Drunk Driving Enforcement Fund fee of $100, and annual surcharge of $1,000 for 3 years and Safe Neighborhood Services Fund fee of $75.
  • You may have to install an Ignition Interlock Device for between 6 months and 1 year.

First Offense (BAC of 0.10% and above)

  • Imprisonment for up to 30 days and/or a $300 to $500 fine.
  • Your driving privilege will be suspended for 7 months to 1 year.
  • You may have to take part in an Intoxicated Driver Resource Center (IDRC) for 12-48 hours and pay IDRC fee of $230 per day.
  • You will also have to pay Alcohol Education, Rehabilitation and Enforcement Fund (AERF) fee of $100, Drunk Driving Enforcement Fund fee of $100, and annual surcharge of $1000 for 3 years and Safe Neighborhood Services Fund fee of $75.
  • You may have to install an Ignition Interlock Device for between 6 months and 1 year.
  • Imprisonment for up to 30 days and/or a $300 to $500 fine.
  • Your driving privilege will be suspended for 7 months to 1 year.
  • You may have to take part in an Intoxicated Driver Resource Center (IDRC) for 12-48 hours and pay IDRC fee of $230 per day.
  • You will also have to pay Alcohol Education, Rehabilitation and Enforcement Fund (AERF) fee of $100, Drunk Driving Enforcement Fund fee of $100, and annual surcharge of $1000 for 3 years and Safe Neighborhood Services Fund fee of $75.
  • You may have to install an Ignition Interlock Device for between 6 months and 1 year.
Second Offense (within ten years)
  • Imprisonment for 48 to 90 days and/or up $500 to $1,000 fine.
  • Points will be added to your driving record.
  • You may lose your license for 2 years.
  • You may have to take part in an Intoxicated Driver Resource Center (IDRC) for 12-48 hours and pay IDRC fee of $280 per day.
  • You will also have to pay Alcohol Education, Rehabilitation and Enforcement Fund (AERF) fee of $100, Drunk Driving Enforcement Fund fee of $100, and annual surcharge of $1000 for three years and Safe Neighborhood Services Fund fee of $75.
  • You will have to undertake community service for 30 days.
  • You may have to install an Ignition Interlock Device for between 1 and 3 years or registration privileges will be suspended for 2 years.
Third Offense (within ten years)
  • Imprisonment for 180 days and/or up to a $1,000 fine.
  • Points will be added to your driving record.
  • You will lose your license for 10 years.
  • You may have to take part in an Intoxicated Driver Resource Center (IDRC) for 12-48 hours and pay IDRC fee of $280 per day.
  • You will also have to pay Alcohol Education, Rehabilitation and Enforcement Fund (AERF) fee of $100, Drunk Driving Enforcement Fund fee of $100, and annual surcharge of $1500 for three years and Safe Neighborhood Services Fund fee of $75.
  • You will have to undertake community service for up to 90 days and this may decrease your duration of imprisonment.
  • You may have to install an Ignition Interlock Device for between 1 and 3 years to restore your privilege to drive or registration privilege will be suspended for 10 years.
IF YOU ARE UNDER 21 YEARS OLD:
  • Points will be added to your driving record and your license suspended or revoked, if you are convicted for “minor in possession/other alcohol offenses” – trying to purchase, possessing or having purchased any intoxicant; or being intoxicated using alcohol, drugs or other intoxicants; or having a BAC higher than 0.01% while driving.
  • The driving privilege may be suspended for 30 – 90 days after the first conviction, and suspended or revoked following the second or subsequent conviction.
  • For the first offense you may have to undertake community service for 15-30 days. You may also have to undergo a highway safety and alcohol education or an Intoxicated Driver Resource Center (IDRC) program.
  • If you purchase or consume alcohol at an establishment with a license for alcoholic beverages, you may have to pay a $500 fine and your license may be suspended or revoked for 6 months. If you do not hold a license then the suspension or revocation begins after you become eligible for it. You may have to undergo a program for alcohol treatment or education.
  • Apart from these actions, penalties mentioned above for drivers over 21, may also apply to minors if they are convicted of DUI/DWI.

Visit the New Jersey MVC website to learn more about DUI penalties.

NEW JERSEY PENALTIES FOR COMMERCIAL VEHICLE DRIVERS (CDL)
  • Points will be added to your driving record and you will be barred from driving a commercial vehicle for 1 year, if you are convicted for your BAC being higher than 0.04%. The arresting officer will also issue you an “out-of-service” order valid for 24 hours.
  • You will be barred from driving a commercial vehicle for at least 3 years, if you are convicted for your BAC being higher than 0.04% while transporting hazardous materials.
  • You will be barred from driving a commercial vehicle for life if you are convicted for any of these offenses for the second time.
  • Apart from these actions, penalties mentioned above for drivers over 21, may also apply to commercial drivers for their first and second offenses of DUI/DWI. The other penalties do not apply since they are barred after the second offense.
  • If you refuse to submit to a test you will be barred from driving a commercial vehicle for one year for first offense and for your lifetime for the second offense.

For more information regarding CDL suspensions, you can contact the MVC’s CDL Unit at (609) 292-7500, ext. 5077.

NEW JERSEY INTOXICATED DRIVER PROGRAM

Any person that is convicted of an alcohol related traffic offense is required to complete an Intoxicated Driver Program (IDP) at an Intoxicated Driving Resource Center (IDRC).

  • The IDRC evaluates each offender for an alcohol or drug problem and determines the proper treatment.
  • If treatment is necessary, you must complete a minimum of 16 weeks.
  • As part of the program you will need to attend mandatory Alcohol and Highway Safety Education

The IDRC will monitor your compliance and report any noncompliance to the courts and IDP. Then the IDP will make its recommendation to the Motor Vehicle Commission to either suspend or restore your privileges based on the successful completion of your conviction requirements. Failure to comply will result in additional license suspension and possible jail time.

DRIVING IMPROVEMENT PROGRAMS IN NEW JERSEY


If you accumulate 12 to 14 points in more than 2 years on your driver record, you may be able to take a Driver Improvement Program (DIP)also known as a Point & Insurance Reduction Course (PIRP) in lieu of a 30-day suspension. This course can only be offered from approved providers throughout the state of New Jersey.

Upon successful completion of your course, up to 3 points will be removed from your driving record. There is a $75 fee that must be made payable to the MVC before you can schedule a class with a New Jersey licensed provider. You are also required to pay an additional training fee to your program provider for your classroom instruction.

More detailed information about the program is included in your Notice of Scheduled Suspension.

NEW JERSEY ADMINISTRATIVE ACTIONS AGAINST DUI/DWI

New Jersey laws have administrative implications in addition to the criminal laws against DUI/DWI. An officer may arrest a driver if:

  • The driver is age 21 and above and is driving with BAC 0.08% or more.
  • The driver is below 21 years of age and is driving with BAC 0.01% or more.

If you are arrested for DUI/DWI, the arresting officer will confiscate your New Jersey driver license, complete a notice of license suspension/revocation based on the nature of the offense along with a warrant, if applicable; and send the entire set to the MVC. The driver can schedule an administrative hearing after the notice of suspension/revocation. It is a good idea to consult a DUI/DWI lawyer beforehand. If the hearing goes against the driver, his license will be suspended or revoked based on his previous 10-year driving record. There is no provision for a Limited or Restricted License in the state of New Jersey. The suspension or revocation begins after the final order of the hearing officer is mailed from the MVC. If the administrative hearing goes against the driver, he can ask for a review from the circuit court. If the driver, however, does not request a hearing, then the suspension/revocation begins after the arrest, and is final.

NEW JERSEY LICENSE REINSTATEMENT for DUI/ DWI SUSPENSION & REVOCATION

If you are convicted of DUI/DWI, it will result in your license being suspended or revoked. This means that your driving privileges will be taken away and you will need to apply for a reinstatement of your license with the MVC, once the period of suspension or revocation is over. Reinstating a license after a suspension or revocation will also mean taking the driving tests all over again. These will include the vision test, knowledge test and the road test. If you do not complete the reinstatement requirements, the license will remain suspended or revoked.

  • To complete the reinstatement requirements, you must prove that you have successfully completed the state approved alcohol or drug abuse program or a comparable program (the agency will send the proof to the MVC once you have completed the program or you may have to provide it), pay the reinstatement fee of $100, and maintain proof of financial responsibility for a specified time from the date of suspension/revocation by filing SR-22.
  • If you are being convicted, the court may order you to install an ignition interlock device to be placed for breathalyzer tests on any vehicle you drive.
  • You can submit the reinstatement application and fees in person at a MVC office near you. Use the New Jersey Surcharge Violation System. You can also pay reinstatement fees online by Amex, Discover, MasterCard or Visa card, E-Check. You can mail the documents along with a money order or check to:

New Jersey Motor Vehicle Commission

P.O. Box 140

Trenton, NJ 08650-0140

ADDITIONAL NEW JERSEY PENALTY INFORMATION
  • If you are accompanied by a person under age 18 at the time of the offense, you may lose your driving privilege for maximum 6 months and assume community service for 5 days.
  • If you carry an open container of an alcoholic beverage, the first offense may result in a $200 fine, a second offense may result in a $250 fine and you may have to undertake community service for 10 days.

TRACK YOUR TICKET IN SECONDS!

*Prices may not reflect an additional 25% increase in effect*

You have Successfully Subscribed!