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James P. Brady, Attorney at Law

                              

              

                Certified Civil Trial Attorney 


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New Jersey Drunk Driving Penalties

Posted on February 7, 2015 at 10:50 AM

The only scientific way to determine whether a driver is under the influence is through blood alcohol concentration (BAC). Your BAC can be tested with a simple Breathalyzer test.

 

In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DWI).

 

Being convicted of a DWI is a serious offense, carrying heavy penalties including: Fines, fees and surcharges, License suspension, Ignition interlock device, Jail time, Community service

 

MANDATORY FINES & PENALTIES

First Offense: 

Alcohol or Drug Related DWI with BAC of 0.10% or greater

License loss:  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

Jail - Up to 30 days  

12–48 hours IDRC*

Community Service

If BAC 0.15% or greater: ignition interlock device during license suspension and 6 months - 1 year following restoration.

 

Alcohol or Drug Related DWI with BAC 0.08% but less than 0.10%: 

License loss:  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

Jail - Up to 30 days  

12–48 hours IDRC*

Community Service

 

Second Offense:  

License loss: 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

Jail - 48 hours–90 days  

30 days Community Service

12–48 hours IDRC*

Ignition interlock device during license suspension and 1-3 years following restoration 

 

Third Offense or Subsequent Offense:  

License loss: 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

Jail:  Mandatory 180 days; Reduction of up to 90 days if admitted as an inpatient in an alcohol rehabilitation program approved by the State

12–48 hours IDRC*

Ignition interlock device during license suspension and 1-3 years following restoration 

 

NOTES:

*IDRC - Intoxicated Driver Resource Center

*AERF - Alcohol Education and Rehabilitation Fund

Underage drinking may cause a six-month delay in getting a license

Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program 

Failure to pay DUI surcharges will result in Indefinite suspension of driving privileges

Action filed in State Superior Court by MVC. This may include securing a lien against your property, garnishing your wages or other similar action

Also, despite what you may have heard, you are REQUIRED to take the Breath Machine test. Refusal results in practically the same penalties as a DWI, which will be charged anyway.

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