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DUI in New Jersey

DWI in New Jersey

If you have been arrested for DWI or "driving while intoxicated", it is a good idea to contact a New Jersey DWI lawyer as soon as possible. If this is your first, second or third DWI arrest, a DWI lawyer can help. DWI attorneys are familiar with the details of New Jersey DUI/DWI laws and can outline your options.

New Jersey has implemented a wide variety of penalties for driving under the influence and you could be facing:

  • A revocation of your drivers license
  • High fines and penalties
  • Jail time
  • Increased insurance costs
  • Installation of an Ignition Interlock Device
  • Mandatory attendance in a program for alcohol or drug abuse

Do not try to fight the DWI charge alone. A DWI attorney can evaluate your DWI case, review the evidence and present your DWI case to the court.

DWI in New Jersey
Driving while intoxicated (DWI) in the state of New Jersey is against the law. The law considers the following to be DWI:

  1. The driver was operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher
  2. The driver was operating a motor vehicle and had consumed enough alcohol or drugs to impair their mental or physical capacity to drive. Impairment can be established by observation prior to a traffic stop by a New Jersey police officer: Common intoxicated behaviors can include: swerving, erratic driving patterns and driving too slowly. After a traffic stop an officer may observe other physical evidence of intoxication including: blood shot eyes, alcoholic body odor, swaggering, the inability to stand and slurred speech.
  3. The driver is operating a motor vehicle while under the influence of drugs.
  4. Drivers who are under 21 years old can be arrested if their BAC is .01% or higher.

Penalties for DWI in New Jersey


DWI First Offense
BAC of 0.08% and under 0.10% or "under the influence"
  • Required to pay a fine of $250.00 to $400.00.
  • License restriction for three months
  • Additional fees for out-patient counseling and up to $33.00 in court costs
  • DMV surcharge of $1,000 for each year for three years
  • Required jail time "not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served . . . [at] the Intoxicated Driver Resource Center . . . and, in the discretion of the Court, a term of imprisonment of not more than 30 days."
  • Required fines and additional court costs- $200.00 DWI Enforcement Fund
  • $50.00 Violent Crime Compensation Board Fund
  • $75.00 Safe Neighborhood Fund
  • $200.00 NJ MVC Restoration Charges
  • $150.00 Intoxicated Driver Resource Center Fees

DWI First Offense
BAC of .10% or greater than 0.10%

  • Required to pay $300.00 to $500.00
  • Required jail term of "not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served . . . [at] the Intoxicated Driver Resource Center . . . and, in the discretion of the Court, a term of imprisonment of not more than 30 days."
  • Licenses suspension for 7 months to 1 year
  • Mandatory installation of an Ignition Interlock Device for 6 months to 1 year
  • Additional fines and fees (surcharge from insurance company, $351 assessment and $3,000 out of court surcharge billed at $1,000 per year or on a monthly basis)

DWI Second Offense

  • Required to pay fine of $500 to $1000
  • Mandatory community service for 30 days
  • Required jail term of "not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days . . ."
  • DMV surcharge of $1,000 per year for 3 years
  • Revocation of license for 2 years
  • Mandatory installation of an Ignition Interlock Device for 1 to 3 years
  • Additional fines and penalties including: $200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00 Intoxicated Driver Resource Center
  • Out-patient counseling
  • Required payment of $33.00 in Court Costs.

DWI Third Offense

  • Required to pay fine of $1000
  • Mandatory community service for 30 days
  • Required jail term of "not less than 180 consecutive days"
  • DMV surcharge of $1,000 per year for 3 years, if the offense is with in 3 years of the last DWI conviction the surcharge is $1,500
  • Revocation of license for 10 years
  • Mandatory installation of an Ignition Interlock Device for 1 to 3 years
  • Additional fines and penalties including: $200.00 DWI Enforcement Fund, $50.00 Violent Crime Compensation Board Fund, $75.00 Safe Neighborhood Fund, 200.00 NJ MVC Restoration Charge(s), $150.00 Intoxicated Driver Resource Center
  • Out-patient counseling
  • Required payment of $33.00 in Court Costs.