Learn More About DWIs

New Jersey DUI & DWI Laws

Jun 30, 2016

New Jersey DUI or DWI laws are very strict and complex to punish those who break the law. A person can be convicted of a DUI (driving under the influence) if their blood alcohol concentration (BAC) is greater than or equal to .08%.  A DUI, or driving while under the influence, is a drunk driving conviction is above the state legal alcohol limit, rendering the driver legally impaired.

Legal limit in New Jersey:

  • Standard, non-commercial drivers: .08% BAC
  • Commercial drivers: .04% BAC
  • Drivers under 21: .02% BAC

Penalties, Fines, & Suspension

New Jersey DUI & DWI Penalties, Fines, & Suspension
Penalty 1st offense 2nd offense 3rd offense
Sentence Up to 30 days Up to 90 days Up to 180 days
Fine $250 – $500 $500 – $1,000 $1,000
Driver’s License Suspension 3 months to 1 year 2 years 10 years

New Jersey has a lower enhanced BAC level of .1% which will result in increased penalties including: license suspension for 7 months to 1 year, a fine ranging from $300 to $500m a prison term for up to 30 days and 12 to 48 hours of community service. If your blood alcohol concentration reached .15 or greater an ignition interlock device will be required after license restoration.

Chemical Test Refusal

New Jersey is an “implied consent” state, meaning drivers are required to take a breath test at the time you are arrested for a DUI. If you do not comply with the chemical test, the state can suspend a person’s driving privileges. If a driver refuses a chemical test multiple times, the punishment is increased. All driver’s license suspension for chemical test refusal is in addition to any punishment for the DUI conviction. New Jersey also strives to punish people who allow people under the influence to drive. This means that you could be arrested for a DUI even if you are not driving.
1st offense: License revocation for 7 months
2nd offense: License revocation for 2 years
3rd offense: License revocation for 10 years

Ignition Interlock

New Jersey DUI laws may require offenders convicted with a BAC above .15% or offenders who refused a chemical test to install an ignition interlock device (IID) in their vehicle for up to 1 year. After a second or third DUI offense a IID will be required for 1 to 3 years during license suspension. The individual will be responsible for the costs of installation and lease of this device.

Criminal Record

A DUI conviction will remain on an individual’s record for 10 years in New Jersey. During this lookback period, all precious DUI arrests remain relevant to sentencing.

Under 21

New Jersey has laws and fines for individuals under the age of 21 convicted of drinking and driving. If a minor has a BAC over .01% he or she will be subject to a license suspension for 30 to 90 days, 15 to 30 days of community service and a mandatory Alcohol and Highway Safety education with the Intoxicated Driver Resource Center (IDRC).

DUI with a Child Passenger

In New Jersey if you are convicted of a DUI with a minor in the vehicle will be convicted of a disorderly persons offense. The individual will be issued up to 5 days of community service and a license suspension up to 6 months. These punishments and charges will be addition to any DUI charges.

More on NJ DUI Laws:

State of New Jersey Motor Vehicle Commission: Driving Under the Influence:
New Jersey Center for Disease Prevention: Drunk Driving Fact Sheet:

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Updated: July 8, 2016 at 5:04 pm