New Jersey State Law

new jerseyNew 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.

License Revocation, Fines and Jail

  • First offense: Up to 30 days in jail, $250 to $400 in ($300 to $500 if BAC 0.10 or more), 3-month driver’s license suspension (between 7 months and 1 year if BAC is 0.10 or more), ignition interlock restriction for a period of 6 months to 1 year upon license reinstatement, and attendance at the intoxicated driver resource center.
  • Second Offense: 48 hours to 90 days in jail, $500 to $1,000 in fines, 2 years driver’s license suspension, ignition interlock restriction for a period of 1 to 3 years upon license reinstatement, 30 days community service, attendance at the intoxicated driver resource center.
  • Third and Subsequent Offense: 180 days in jail, up to $1,000 in fines, 10 years driver’s license suspension, ignition interlock restriction for a period of 1 to 3 years upon license reinstatement.

All DWI Convictions Also Carry The Following Surcharges And Fees

  • $100 Surcharge – drunk driving enforcement fund
  • $100 Motor Vehicle Restoration fee
  • $100 Intoxicated Driver Program fee
  • $50 Violent Crimes Compensation fee
  • $75 Safe and Secure community program fee

Registration Revocation/Ignition Interlock
In addition to these penalties, judges may order the revocation of the vehicle registration (Public Law 2000, Chapter 83). The ignition interlock device may be required for up to three years following license restoration after a DWI conviction.

Driving with a Minor
A parent or guardian who is convicted of driving while intoxicated and has a passenger in the motor vehicle that is 17 years of age or younger, is also guilty of a disorderly person offense. In addition, a person forfeits the right to operate a motor vehicle for a maximum of six months and must perform community service for up to five days.

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