DWI FAQs

The penalties are similar, but there are important differences. A first offense may result in up to a 12 month suspension of driving privileges, and will result in a fine of $250 to $500, An ignition interlock device must be installed for 6 to 12 months following the restoration of driving privileges. Second and third offenses increase the suspension of driving privileges to two years and 10 years, respectively. Note that a prior conviction on a similar charge in another jurisdiction will count as a prior offense when determining penalties in New Jersey. An ignition interlock must be installed on second and third offenders’ vehicles for a period of 1 to 3 years following license restoration. Refusal convictions do not enhance subsequent DWI convictions.

Penalties for a conviction will vary in severity depending on whether it’s your first, second or third offense. First Offense If your blood alcohol content (BAC) reading was between 0.08 and 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days. In addition, the court shall order the person to forfeit the right to operate a motor vehicle over the highways of this State until the person installs an ignition interlock device in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates If the person’s BAC is between 0.10% and 0.15%, or the person operates a motor vehicle while under the influence of a narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of a narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days; in the case of a person who is convicted of operating a motor vehicle while under the influence of a narcotic, hallucinogenic or habit-producing drug or permitting another person who is under the influence of a narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by the person or under the person’s custody or control, the person shall forfeit the right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year. If the person’s BAC is 0.15% or higher, the person shall forfeit the right to operate a motor vehicle over the highways of this State for a period of not less than four months or more than six months following installation of an ignition interlock device in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates You will pay fines and surcharges that total more than $6,500: court fines and assessments starting at $575, a $3,000 surcharge to the State, and usually more than that to your insurance company. Ignition interlock adds more than $1,000 to your costs to $400. Second Offenses For a second violation, a person shall be subject to a fine of not less than $500 nor more than $1,000, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on terms the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, or more than 90 days, and shall forfeit the right to operate a motor vehicle over the highways of this State for a period of not less than one year or more than two years upon conviction. After the expiration of the license forfeiture period, the person may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device. Third Offenses For a third or subsequent violation, a person shall be subject to a fine of $1,000, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit the right to operate a motor vehicle over the highways of this State for eight years. *If the violation occurs in a school zone, penalties are DOUBLE*

If convicted, you will be fined for an additional $500, lose driving privileges for one to two more years, and face a jail sentence of 60 to 90 days for the first conviction, 120 to 150 days for the second, and 180 days for the third or subsequent offense.

You can, but you’ll be charged with a violation for doing so. According to New Jersey statute, you do not have the right to refuse a breath test without possible penalty. In New Jersey, the operation of a motor vehicle on any public or semi-public road, street, highway, or other area carries an “implied consent” that you will submit to testing. Note that this consent only exists when there is first a reason to believe that the alcohol in your blood is in excess of the legal limit.

If they are your first and second offenses, DWI convictions that occur more than 10 years apart will be treated as unrelated when sentencing for the second. In this case, a second conviction will be sentenced as a first offense. However, a third conviction that occurs more than 10 years after the second will be sentenced as a second offense rather than another first.

You will be subject to a mandatory two-day jail sentence to be spent in the county jail and a loss of driving privileges until you comply with the requirements.

There are many ways to defend against a DWI charge. If you were arrested, contact a DWI attorney as soon as possible.