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NJ DUI/DWI Penalties



Jersey Criminal Attorneys
NJ DUI/DWI Penalties

Alcohol related DUI with BAC with 0.10% 

License loss

Fines, fees & surcharges

Prison term

Community service, IDRC & Interlock

7 months – 1 year

$300–$500 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund

Up to 30 days

12–48 hours IDRC*
BAC 0.15% or greater: ignition interlock device during license suspension and 6 months – 1 year following restoration

Alcohol related DUI with BAC equal to or greater than 0.08% but less than 0.10% OR based on observational evidence with or without a particular BAC

License loss

Fines, fees & surcharges

Prison term

Community service, IDRC & Interlock

3 months

$250–$400 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund

Up to 30 days

12–48 hours IDRC*

Repeated DUI convictions

Offense

License loss

Fines, fees & surcharges

Prison term

Community service, IDRC & Interlock

2nd offense within 10 years*

2 years

$500–$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund

48 hours–
90 days

30 days CS
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration

3rd offense within 10 years of 2nd offense*

10 years

$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund

180 days

Up to 90 days CS (can reduce period of imprisonment)
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration

Related Alcohol Offenses


Driving or riding with an open container

Offense Fines   Community service
  1st   $200   –
  2nd   $250   10 days

Driving with a DUI suspension

License loss Fines or surcharges Prison term
Additional
1–2 years
$500 fine
$250/year (for 3 years) surcharge
  10–90 days
  • In certain circumstances, driving while suspended for a DUI could be an indictable offense, punishable by 180-days in jail.

Driving while possessing drugs

License loss Fines or surcharges
  2 years   Minimum $50 fine

This post is originally from NJ DUI/DWI Penalties and written by Attorney Alan G. Peyrouton

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