New Jersey DWI/DUI Laws and Penalties

In New Jersey, driving while intoxicated (DWI) is defined as operating a vehicle:

• with a blood alcohol content (BAC) of .08% or greater, or
• while under the influence of intoxicating liquors, narcotics, hallucinogens, or habit-producing drugs.

A driver is considered to be "under the influence" if his or her mental faculties or physical abilities are substantially diminished.

Operation of a vehicle does not always require a running engine and movement. Being in the driver's seat and turning the ignition can qualify as operation and lead to a DWI conviction in New Jersey.

New Jersey DWI Penalties

The jail time, fines and other consequences of a DWI conviction depend on the number of prior offenses. Generally, all convictions in the driver's lifetime are counted. But a driver with no prior convictions within the last ten years may face reduced penalties.

Treatment. All persons convicted of DWI must complete an alcohol and drug screening and evaluation. The convicted driver will then have to complete an Intoxicated Driver Resource Center (IDRC) program based on the screening results. Each day spent in the IDRC will cost $75 fee ($100 for second or subsequent offense). However, days completed in the program can count towards the offender's jail sentence.

Aggravating factors. The penalties for a DWI are increased if the offense involved a minor passenger or occurred near a school.

License-Related Consequences

New Jersey's implied consent law requires all persons lawfully arrested for DWI to submit to a breath test to determine the driver's BAC. An unlawful refusal of a breathalyzer test will result in fines and license penalties in addition to those for a DWI conviction explained above.

Refusal. A driver who unlawfully refuses a breath test will be fined $300 to $500 for a first offense and lose his or her license for seven to 12 months. A second offense will result in a one- to two-year license revocation and $500 to $1,000 in fines. A third offense carries an eight-year revocation and $1,000 fine. The license revocation period for a refusal will generally run consecutively to the DWI conviction revocation. But the judge can permit first-offense revocations to run together.

Ignition interlock devices (IIDs). For DWIs involving only alcohol, the court will order the installation of an ignition interlock device in lieu of suspension. The IID period for a first offense depends on the BAC recorded and will range from three to 15 months. An IID must be maintained for two to four years for a second offense and eight years for a third offense.

Underage Drivers

New Jersey drivers who are under the age of 21 are prohibited from having a BAC of .01% or more. Underage drivers who are caught driving with a BAC of .01% to .08% will face 30 to 90 days license revocation, 15 to 30 days community service, and must participate in the IDRC or a comparable treatment program.