New Jersey Court Imposed Fines and Penalties for DUI

Driving under the influence of alcohol or drugs and the New Jersey Point System

Driving in New Jersey is a privilege that may be enjoyed as long as motorists drive safely. Obeying established motor vehicle rules and regulations is critical, as is the respect that must be paid to other motorists who also share the roads.

Violating New Jersey’s motor vehicle laws will result in the loss of driving privileges. New Jersey will also suspend driving privileges if a driver is convicted of a violation in another state that would be grounds for suspension. It is important to note that violations become a permanent part of motorists’ driver history records.

Driving while under the influence of alcohol or drugs, or reckless driving, are examples of motor vehicle violations that may result in the loss of driving privileges. It will take time and money to reinstate driving privileges.

Driving Under the Influence of Alcohol or Drugs (DUI)

A person who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above is considered to be driving under the influence.

First Offense – BAC 0.08% but less than 0.10%

• 3 months driving privilege suspension
• $250-$400 fine
• 12-48 hours at intoxicated driver resource center (IDRC)
• Maximum 30 days imprisonment

First Offense – BAC 0.10% or higher

• 7 months to1 year driving privilege suspension
• $300-$500 fine
• 12-48 hours IDRC
• 30 days maximum imprisonment*

Second Offense

• 2 years driving privilege suspension
• $500-$1,000 fine
• 30 days community service
• 12-48 hours IDRC
• 48 hours – 90 days imprisonment*

Third Offense

• 10 years driving privilege suspension
• $1,000 fine
• 90 days maximum community service
• 12-48 hours IDRC
• 180 days imprisonment*

DUI in School Zone or School Crossing

First Offense

• 12-24 months driving privilege suspension
• $500-$800 fine
• 60 days imprisonment

Second Offense

• 48 months minimum driving privilege suspension
• $1,000-$2,000 fine
• 60 days community service
• 96 hours-180 days imprisonment*

Third Offense

• 20 years driving privilege suspension
• $2,000 fine
• 180 days imprisonment

Refusing the Chemical Test

 First Offense

• 7 months to 1 year driving privilege suspension
• $300-$500 fine
• 12 hours minimum IDRC

Second Offense

• 2 years driving privilege suspension
• $500-$1,000 fine
• 12 hours minimum IDRC

 Third and Subsequent Offenses

• 10 years driving privilege suspension
• $1,000 fine
• 12 hours minimum IDRC

Refusing Chemical Test in School Zone or Crossing

 First Offense

• 1 to 2 years driving privilege suspension
• $600-$1,000 fine
• 12 hours minimum IDRC

 Second Offense

• 4 years driving privilege suspension
• $1,000-$2,000 fine
• 12 hours minimum IDRC

 Third and Subsequent Offenses

• 20 years driving privilege suspension
• $2,000 fine
• 12 hours minimum IDRC

Underage

For persons under 21 (the legal age in NJ to purchase an alcoholic beverage) who consume an alcoholic beverage, then drive a vehicle when their BAC is 0.01% or more, but less than 0.08%, the penalties are:

 Minimum

• 30-90 day driving privilege suspension if currently licensed; or
• 30-90 day prohibition from becoming a licensed driver at age
• 17 years; and,
• 15-30 days mandatory community service; and
• participation in an IDRC or other alcohol education; and
• completion of a highway safety program

or

• a combination of the minimum sentences above and DUI sentences (see schedule)

 

Maximum

DUI sentences (see schedule). If the BAC is 0.08% or higher, underage persons will receive DUI sentences as noted.

Interlock Device Requirements

The courts may require first and repeat DUI offenders to use an ignition interlock device. To start the vehicle, the driver must blow into the device. The vehicle will not start if the driver’s BAC exceeds 0.05%.

First Offense, Court May Impose

• 6 months-1 year installation of interlock device after restoration of driving privilege

Second Offense

• 1-3 years installation of interlock device after restoration of driving privilege; or
• 2 years suspension of registration privileges

Third offense

• 1-3 years installation of interlock device after restoration of driving privilege; or
• 10 year suspension of registration privileges

Surcharges – Alcohol Violations

In addition to the court imposed fines and penalties, anyone convicted of DUI or chemical test refusal is subject to:

• an insurance surcharge of $1,000 a year for three years ($3,000) for the first and second conviction within a three-year period.
• an insurance surcharge of $1,500 a year for three years ($4,500) for a third offense within a three-year period.
• a single $100 DUI enforcement surcharge that must be paid to the court with the required fine upon conviction.

The surcharges will be imposed on a New Jersey or an out-of-state conviction. Failure to pay the surcharge will result in indefinite suspension of all driving privileges and the filing of a judgment against any personal property.

Surcharges – Point Violations/Other

Motorists who incur six or more motor vehicle points are also subject to an insurance surcharge of $150 for six points and $25 for each additional point. The point surcharge will remain in effect as long as a motorist has six or more points on their record for the immediate three-year period. MVC will suspend all driving privileges indefinitely and take judgment action if the surcharge is not paid. Other violations subject to a surcharge are:

• driving while unlicensed $100
• driving while suspended $250/Court or MVC imposed
• failing to insure a MOPED $100
• operating an uninsured vehicle $250

Boaters

Boaters convicted of driving under the influence (DUI) on New Jersey’s waterways will be suspended from both boating and all driving privileges. Violators under 17 will have their vehicle and MOPED driving privileges delayed for a term equal to the suspension period.

No Conditional or Special Work Licenses

New Jersey does not have conditional or special work licenses. If a motorist does not have a valid driver license, or if a driving privilege is suspended for drunk driving or any other violation, a motorist may not drive for any reason until that privilege is restored.

*New Jersey Statutes Annotated

If you need a NJ attorney to handle your drunk driving case, contact Garces & Grabler online or call us toll-free immediately 1-866-951-8387.

More information about Drunk Driving Defense can be obtained at our website.

 For License Suspensions and Restorations

(609) 292-7500

For General Customer Information

(888) 486-3339 toll free in NJ

(609) 292-6500 from out of state

or write to:

New Jersey Motor Vehicle Commission

P.O. Box 134

Trenton, New Jersey 08666-0134