New Jersey DWI Laws & Drunk Driving Penalties
Overview of the penalties upon conviction of DWI in New Jersey
New Jersey DWI Laws, BAC limits, fines, jail times, IID requirements, suspension/revocation periods and SR22 insurance requirements for first time and repeat offenders with multiple DUI's.
New Jersey DWI cases are unique, since there is no pre-trial administrative driver's license suspension, as there is in many other states. The only driver's license consequences are the ones imposed by the court.
What are the penalties for DWI in New Jersey?
The penalties for driving while intoxicated in New Jersey will depend upon the exact circumstances of each particular case and the number of previous offenses (if any) a person has.
NJ DWI Penalties
New Jersey is a state with a 10 year 'washout period' also known as a 'look back period'
ALL DWI CONVICTIONS ALSO CARRY THE FOLLOWING SURCHARGE'S & FEE's
- $100 Surcharge - drunk driving enforcement fund
- $100 Motor Vehicle Restoration fee
- $100 Intoxicated Driver Program fee
- $50 Violent Crimes Compensation fee
- $75 Safe & Secure community program fee
1st DWI Offense / Conviction
The penalty upon conviction of a first DWI offense in New Jersey:
- Fine: $250 to $400 fine
($300 to $500 if BAC 0.10 or more) - Jail: up to 30 days in jail
- License Suspension: 3 months drivers license suspension
(between 7 months and 1 year if BAC 0.10 or more) - Ignition Interlock: ignition interlock restriction for a period of 6 months to 1 year upon license re-instatement
- attend intoxicated driver resource center
- NJ SR22 Insurance (proof of financial responsibility) Requirement
2nd DWI Offense / Conviction
The penalty upon conviction of a second DWI offense in New Jersey:
- Fine: $500 to $1,000 fine
- Jail: 48 hours to 90 days in jail
- License Suspension: 2 years drivers license suspension
- Ignition Interlock: ignition interlock restriction for a period of 1 to 3 years upon license re-instatement
- 30 days community service
- attend intoxicated driver resource center
- NJ SR22 Insurance (proof of financial responsibility) Requirement
3rd DWI Offense / Conviction
The penalty upon conviction of a third DWI offense in New Jersey:
- Fine: $1,000 fine
- Jail: 180 days days in jail
- License Suspension: 10 years drivers license suspension
- Ignition Interlock: ignition interlock restriction for a period of 1 to 3 years upon license re-instatement
- NJ SR22 Insurance (proof of financial responsibility) Requirement
Implied Consent (Chemical Testing) Laws
It is an offense to refuse to submit to a chemical test in New Jersey and implied consent laws are enforced.
In New Jersey, if the accused refuses to take a chemical test of their blood, breath or urine, their drivers license will be suspended/revoked.
First chemical test refusal
- Fine: $300 to $500 fine
- License Suspension: 7 months to 1 year drivers license suspension
- Ignition Interlock: ignition interlock restriction for a period of 6 months to 1 year upon license re-instatement
- NJ SR22 Insurance (proof of financial responsibility) Requirement
Second chemical test refusal
- Fine: $500 to $1,000 fine
- License Suspension: 2 years drivers license suspension
- Ignition Interlock: ignition interlock restriction for a period of 1 to 3 years upon license re-instatement
- NJ SR22 Insurance (proof of financial responsibility) Requirement
Third (and subsequent) chemical test refusal
- Fine: $1,000 fine
- License Suspension: 10 years drivers license suspension
- Ignition Interlock: ignition interlock restriction for a period of 1 to 3 years upon license re-instatement
- NJ SR22 Insurance (proof of financial responsibility) Requirement
What is the legal alcohol limit in New Jersey
The maximum legal BAC (blood alcohol content) limits in New Jersey for driving are as follows:
ADULT DRIVERS - BAC LIMIT = 0.08%
In the State of New Jersey it is an offense for adult drivers to drive any regular motor vehicle with 0.08% or more, by weight, of alcohol in his/her blood.
DRIVERS UNDER 21 - BAC LIMIT = 0.01%
In the State of New Jersey it is an offense for drivers under the age of 21 (minors) to drive any motor vehicle with 0.01% or more, by weight, of alcohol in his/her blood.
COMMERCIAL DRIVERS - BAC LIMIT = 0.04%
In the State of New Jersey it is an offense for drivers who drive commercial vehicles to drive any commercial motor vehicle with 0.04% or more, by weight, of alcohol in his/her blood.
It is an offense to refuse to submit to a chemical test in New Jersey and implied consent laws are enforced.
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