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Driving while intoxicated (DWI) or while driving under the influence (DUI) are dangerous actions with serious consequences.
States have severe punishments designed to discourage impaired driving, and the state of New Jersey is no different. Below, you’ll find the consequences of DWIs and DUIs under new laws that went into effect in December of 2019 in the state.
DUI Laws in New Jersey
New Jersey prohibits the operation of a motor vehicle while under the influence of alcohol or drugs. The state can also charge vehicle owners who allow an intoxicated person to operate their vehicle.
In New Jersey, if you are caught driving erratically an officer may pull you over to conduct a sobriety test. This can include asking you to walk in a straight line, following a finger with your eyes, or breathing into a portable breath-testing device. If the officer deems you intoxicated, you will be arrested and brought to the police station, where you will take a second breath or even a blood test.
While a DWI is defined as having a blood alcohol content (BAC) of .08% or greater, you can still be charged without a reading that high. If an officer believes your driving was affected and you have consumed any amount of an intoxicant (including smaller amounts of alcohol, narcotics, hallucinogens, or habit-forming drugs), you can be charged.
In New Jersey, DWIs and DUIs are traffic violations, not criminal charges. Typically, you will not be held in jail overnight or required to make bail. You will not face criminal charges unless you have committed a second infraction, such as drug possession, or you’ve caused a serious accident involving injuries.
Penalties for driving under the influence in New Jersey
If you are convicted of a DWI or a DUI, the penalties will vary based on how many times you’ve been convicted of these violations in the past.
First offense
If your BAC is 0.08 percent or higher, but less than 0.10 percent (or if you permit another person with a BAC over 0.08 percent, but less than 0.10 percent to operate your motor vehicle), the penalties are:
· A civil fine of $250-400
· Up to 30 days in jail
· Spending 12-48 hours (usually a minimum of 6 hours over 2 consecutive days) in an Intoxicated Driver Resource Center (IDRC), which may include a separate fee of $230
· Forfeiture of your driver’s license until an ignition interlock (which is a small breathalyzer) is installed in your car (which will be kept there for 3 months)
· A surcharge of $1,000 a year for 3 years
· Additional fees as deemed appropriate by a judge, including contributions to safe driving programs
If your (or the driver of your car’s) BAC is over 0.10 percent, but less than 0.15 percent, the penalties for a first-time offense are:
· A $300-500 fine
· Up to 30 days in jail
· Forfeiture of your driver’s license until an ignition interlock is installed (which will be in place anywhere from 6-12 months)
· A minimum of 6 hours a day (for 2 consecutive days) in an Intoxicated Driver Resource Center with a fee of $230
· A state surcharge of $1,000 a year for 3 years
· Additional fees, including contributions to safe driving programs
If a driver’s BAC is 0.15 percent or higher, all of the above consequences apply and will include:
· A license suspension for 4-6 months
· An ignition interlock device in your primary vehicle during the 4-6 month license suspension and an additional 9-15 months after license restoration.
The cost of a first DWI/DUI offense can total over $4,000, not including the cost of having your car impounded, a fee to reinstate your license, and any expenses associated with lost work hours or finding alternate transportation.
The driving infraction will remain on your driving record permanently.
Second offense
For drivers facing a second offense, the consequences are more severe. They include:
· A fine of $500-1000
· At least 48 consecutive hours (and up to 90 days) of jail time
· A license suspension of 1 year minimum (and up to 2 years total)
· Completion of an Intoxicated Driver Resource Center Program (IDRC) and associated fees
· 30 days of community service
· The installation of an ignition interlock device during the period your license is suspended and 2-4 years after license restoration
· A state surcharge of $1,000 a year for 3 years
If the second offense occurs over 10 years after the first, it will be considered a first offense.
Third offense
Fines, suspensions, and jail time are greater for a third offense. You can expect to receive:
· A fine of up to $1000
· Jail time of 180 days (time served in a drug or alcohol inpatient rehabilitation program approved by IDRC can count towards 90 days of the sentence)
· An 8-year license suspension
· 30 days of community service
· Completion of an Intoxicated Driver Resource Center Program (IDRC) and associated fees
· A state surcharge of $1,500 a year for 3 years
· The installation of an ignition interlock device for the period of your license suspension plus an extra 2-4 years after license restoration
A third offense carries extra fees as well, including:
· A $100 surcharge to the Drunk Driving Enforcement Fund
· A Motor Vehicle Commission restoration fee of $100
· An Intoxicated Driving Program fee of $100
· A Violent Crimes Compensation Fund fee of $50
· A Safe and Secure Community Program fee of $75
Driving with a Minor
If you are a parent or guardian who is convicted of driving while intoxicated with a passenger 17 years of age or younger, you will also be charged with a disorderly persons offense. This is a criminal misdemeanor and will show up on your record during any future background checks.
In addition, you will forfeit the right to operate a motor vehicle for a maximum of 6 months and must perform community service for up to 5 days.
Offenders under age 21
Drivers under the age of 21 are guilty of a DWI if they have a BAC of .01% or more.
Underage drivers with a BAC of .01% to .08% will have their license revoked for 30-90 and be sentenced to 15-30 days of community service. They will also need to complete IDRC or a similar traffic safety education program.
Driving with a suspended license due to DUI in NJ
If your license has been suspended for a DWI or DUI in New Jersey, and you are caught driving, you can expect to incur:
· A fine of $500
· Jail time of 10-90 days
· An additional license suspension of 1-2 years
If you are involved in a crash while your license is suspended and someone is hurt, you face a mandatory jail sentence of 45-180 days and the revocation of your motor vehicle registration.
Implied consent laws in NJ
New Jersey’s implied consent law means that once you choose to drive on a public roadway, you waive your right to refuse a sobriety test. However, it does not require that you provide a blood sample.
Refusal to submit to a breath test
If you unlawfully refuse to take a breath test at the time of your arrest, you will face the following consequences even if you are later acquitted of (or never formally charged with) a DWI or DUI:
First offense
· A 7-12 month license revocation and $300 to $500 in fines
· A minimum of 6 hours over 2 consecutive days in an Intoxicated Driver Resource Center Program
· The installation of an ignition interlock device for 9-15 months after license restoration
· Automobile insurance surcharge of $1,000
· A $100 surcharge to be deposited in the Drunk Driving Enforcement Fund
Second offense
· A 1-2 year license suspension
· The installation of an ignition interlock device for 9-15 months after license restoration
· Fines of $500-$1,000
· Completion of an Intoxicated Driver Resource Center Program
· Automobile insurance surcharge of $1,000
· A $100 surcharge to be deposited in the Drunk Driving Enforcement Fund
Third offense
· A license suspension of 8 years
· A $1,000 fine
· Automobile insurance surcharge of $1,500
· A $100 surcharge to be deposited in the Drunk Driving Enforcement Fund. The consequences of driving while intoxicated or under the influence of drugs are harsh and can affect your life for years to come. It’s crucial to hire a lawyer as soon as possible to help mitigate long-term damage to your ability to drive. Try using App Winit’s service to hire an experienced attorney near you to fight your case.
