NJ DWI Penalties: What Are the Penalties for DWI in New Jersey?
A first offense is treated much less harshly than a second or third offense, and penalties increase with each new conviction. For a first offense, your BAC also determines the level of the penalties. For a second or third offense, the penalties are the same regardless of your BAC. If you are facing a DWI charge, call The Tormey Law Firm at 201-556-1570 for a free consultation.
New Jersey DWI Penalties at a Glance
| Offense | Fine | Jail | License | Ignition Interlock |
|---|---|---|---|---|
| First offense, BAC 0.08% to under 0.10% | $250 to $400 | Up to 30 days | Forfeited until an interlock is installed | 3 months |
| First offense, BAC 0.10% to under 0.15% | $300 to $500 | Up to 30 days | Forfeited until an interlock is installed | 7 months to 1 year |
| First offense, BAC 0.15% or higher | $300 to $500 | Up to 30 days | Suspended for 4 to 6 months | During the suspension, plus 9 to 15 months after |
| Second offense | $500 to $1,000 | 48 hours to 90 days | Suspended for 1 to 2 years | During the suspension, plus 2 to 4 years after |
| Third or subsequent offense | $1,000 | 180 days | Suspended for 8 years | During the suspension, plus 2 to 4 years after |
Every DWI conviction also comes with additional fees and surcharges, which are explained below.
Penalties for a First DWI Offense in NJ
For a first offense, the penalties depend on your BAC. Learn more on our page about first offense DWI penalties in NJ.
BAC of 0.08% to Under 0.10%
- Fine of $250 to $400
- Up to 30 days in jail
- Loss of driver’s license until an ignition interlock device is installed
- Ignition interlock device for 3 months
- Intoxicated Driver Resource Center (IDRC) for a minimum of 6 hours a day for 2 consecutive days
BAC of 0.10% to Under 0.15%
- Fine of $300 to $500
- Up to 30 days in jail
- Loss of driver’s license until an ignition interlock device is installed
- Ignition interlock device for 7 months to 1 year
- IDRC for a minimum of 6 hours a day for 2 consecutive days
BAC of 0.15% or Higher
- Fine of $300 to $500
- Up to 30 days in jail
- Driver’s license suspension of 4 to 6 months
- Ignition interlock device during the suspension and for 9 to 15 months after your license is restored
- IDRC for a minimum of 6 hours a day for 2 consecutive days
Second DWI Offense Penalties in New Jersey
For a second offense, the penalties are the same regardless of your BAC. Learn more about second offense DWI penalties in NJ.
- Fine of $500 to $1,000
- At least 48 consecutive hours in jail, and up to 90 days
- Driver’s license suspension of 1 to 2 years
- 30 days of community service
- IDRC evaluation, referral, and completion of any required program
- Ignition interlock device during the suspension and for 2 to 4 years after your license is restored
Third and Subsequent DWI Offense Penalties
For a third or subsequent offense, the penalties are the most severe. Learn more about third offense DWI penalties in NJ.
- Fine of $1,000
- 180 days in jail, which may be reduced by up to 90 days for time served in an approved inpatient rehabilitation program
- Driver’s license suspension of 8 years
- 30 days of community service
- IDRC evaluation, referral, and completion of any required program
- Ignition interlock device during the suspension and for 2 to 4 years after your license is restored
Fees and Surcharges for a DWI Conviction
In addition to the fine, a DWI conviction carries several fees and surcharges, including:
- A Motor Vehicle Commission insurance surcharge of $1,000 per year for 3 years for a first or second offense, or $1,500 per year for 3 years for a third offense
- A $100 Drunk Driving Enforcement Fund surcharge
- A $100 Intoxicated Driving Program fee
- A $100 license restoration fee
- A $50 Violent Crimes Compensation Board fee
- A $75 Safe and Secure Communities Program fee
A DWI conviction is also likely to lead to an increase in your car insurance. Over time, these costs can add up to much more than the fine itself.
Understanding NJ DWI Sentencing
How Your BAC Is Measured
Driving with a BAC of 0.08% or higher is illegal in New Jersey. New Jersey police use the Dräger Alcotest 7110 MKIII-C to measure BAC through a breath sample. Body size and tolerance can affect how alcohol impacts a person, but for a per se DWI charge, what matters is the test result, not how intoxicated you felt.
A person can also be convicted of DWI with a BAC below 0.08% if the State proves impairment through other evidence, such as observations by police or field sobriety tests. DWI charges can also be based on driving under the influence of drugs.
Loss of License
Losing your license can make it difficult to get to work, care for your family, and handle daily responsibilities. Learn more about license suspension after a DWI in NJ. Driving while your license is suspended for DWI can lead to separate and more serious charges.
Intoxicated Driver Resource Center
The Intoxicated Driver Resource Center (IDRC) is an educational program for people convicted of DWI. It includes classes about the effects of drinking and driving, and it may also include an evaluation and a referral for treatment.
Ignition Interlock Device
An ignition interlock device is a small breath-testing device installed in your car. You must provide a breath sample before the car will start, and the device may also require periodic tests while you drive. Failing to install or tampering with an interlock device can lead to additional penalties.
Factors That Can Increase DWI Penalties
- School zones: A DWI in a school zone or school crossing can carry enhanced penalties.
- Refusal to provide a breath sample: A refusal charge is a separate offense with its own penalties, and it can be charged along with DWI.
- Aggravating circumstances: Some cases can involve aggravated DWI issues, such as an accident or injuries.
Can DWI Penalties Be Reduced or Avoided?
In the past, New Jersey did not allow plea agreements in DWI cases. A change in the law, effective February 19, 2024, now allows plea agreements in DWI cases when they are recommended by the prosecutor and supported by an appropriate factual basis. The judge must still approve the agreement. Whether a plea agreement is possible depends on the facts of your case.
Frequently Asked Questions About DWI Penalties in New Jersey
Is a DWI a criminal offense in New Jersey?
No. In New Jersey, a DWI is a traffic offense, not a criminal offense. It is usually handled in municipal court. However, the penalties can still include jail time, fines, and the loss of your license.
Will I lose my license for a first DWI in NJ?
It depends on your BAC. If your BAC was under 0.15%, your license is forfeited until you install an ignition interlock device. If your BAC was 0.15% or higher, your license is suspended for 4 to 6 months.
Will I go to jail for a first DWI in New Jersey?
A first offense carries up to 30 days in jail, but jail is not mandatory. A second offense carries at least 48 hours in jail, and a third offense carries 180 days.
Can I plea bargain a DWI in New Jersey?
Since February 19, 2024, plea agreements in DWI cases have been allowed when the prosecutor recommends them and there is an appropriate factual basis. The judge must still approve the agreement.
Can a DWI be expunged in New Jersey?
No. Because a DWI is a traffic offense and not a criminal offense, it cannot be expunged under New Jersey’s expungement law. Learn more about expunging a DUI or DWI.
How long does a DWI stay on my record in NJ?
A DWI conviction generally stays on your driving record. Under New Jersey law, if more than 10 years pass between DWI offenses, a later offense may be treated as a lower offense for sentencing purposes.
Speak With a New Jersey DWI Lawyer
If you are facing a DWI charge, the penalties can affect your job, your finances, and your daily life. The Tormey Law Firm represents people charged with DWI in municipal courts throughout New Jersey. Our team includes attorneys with prosecutorial experience who understand how these cases are built and where they can be challenged. For a free consultation, call our office at 201-556-1570 or contact us online. You can also visit our main DWI page to learn more.
Legally Reviewed By:
Travis J. Tormey, Esq.
Criminal Defense Attorney | New Jersey
