Legal Professional?
Build Your Business

New Jersey DWI DUI Penalties



If you are arrested for a New Jersey DWI (driving while intoxicated), you could be facing a number of penalties, including fines, jail time, suspension of your license, and community service.

A DUI in New Jersey and a DWI in New Jersey are considered the same thing. Whether your blood-alcohol content is equal to or over .08 percent or you exhibit impairment due to drugs or alcohol, you can be arrested for committing DUI. If your blood-alcohol level is .10 percent or more, you may face steeper penalties in New Jersey.

New Jersey DWI Penalties for First-Time Offenders

If you are a first-time New Jersey DWI offender, you will face certain mandatory penalties. You may be able to lessen some of these penalties with the help of a knowledgeable New Jersey DWI attorney.

If your blood-alcohol content is .08 percent or higher but less than .10 percent, you may be subject to the following penalties:

  • Suspension of your license for three months
  • Fines ranging from $250 to $400
  • 12 to 48 hours of DWI classes
  • Prison time of up to 30 days

If your blood-alcohol content is equal to or greater than .10, the penalties increase to:

  • Suspension of your license for up to one year
  • Fines ranging from $300 to $500
  • 12 to 48 hours of New Jersey DWI classes
  • Prison time of up to 30 days

Additionally, if your blood-alcohol content is .15 percent or greater, you may be forced to install an ignition interlock device in your car for the duration of your license suspension and up to a year following license restoration.

New Jersey DWI Penalties for Second-Time Offenders

According to the New Jersey Motor Vehicles Commission, second-time DWI offenders face even steeper charges.

Although the crime is still considered a misdemeanor under New Jersey DWI law, those convicted of a second DWI within 10 years of the first may face:

  • Suspension of driver's license for up to two years
  • Fines ranging from $500 to $1,000
  • 30 days of community service
  • 12 to 48 hours of DWI classes
  • Installation of an ignition interlock device during license suspension and for up to three years after restoration
  • Prison sentences up to 90 days

New Jersey DWI Penalties for Third-Time Offenders

A third New Jersey DWI offense is a much more serious crime. If you commit a third DWI offense within 10 years of your second, you may face:

  • Driver's license suspension for up to 10 years
  • A fine of $1,000
  • Up to 90 days of community service
  • 12 to 48 hours of DWI classes
  • Installation of an ignition interlock device during license suspension and for up to three years after restoration
  • Prison sentence for 180 days

Related DWI Penalties in New Jersey

Aside from being caught driving while intoxicated, New Jersey has other DWI-related laws on the books.

For example, New Jersey penalizes those who are caught driving with an open container of alcohol in the car. A first open-container offense warrants a $200 fine. A second open-container offense warrants a $250 fine plus 10 days of community service.

If you are caught driving while your license is suspended due to a DWI, you will face additional penalties. These penalties can include:

  • Additional suspension of your license for up to two years
  • A $500 fine
  • A prison term ranging from 10 to 90 days