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What Are the Penalties for a DUI in New Jersey?

Whether you’ve been arrested before or this is your first time, facing criminal charges and possible fines or jail time can be nerve-racking. If your arrest was for a DUI, it can be difficult to determine the penalties you may be up against.

As is the case with many states, New Jersey’s DUI laws are less than straightforward, and the penalty you receive depends on your blood alcohol concentration (BAC), your prior DUI convictions, and other variables. Here’s a look at New Jersey’s DUI penalties.

Penalties for a First DUI

The penalties for a first DUI depend on your blood alcohol concentration (BAC) at the time of arrest.

BAC of 0.08–0.099%

Because a BAC of 0.08-0.09% is just over the legal limit, penalties are generally more lenient. In most cases, you could face the following:

Jail time up to 30 days
12 to 48 hours of classes at an Intoxicated Drivers Resource Center
Ignition interlock device installed for six months
$3,000+ car insurance surcharge
A fine between $250 and $400

With certain penalties (like jail time), there’s some room for negotiation. Even if you are found guilty, a DUI defense lawyer may be able to help minimize your sentence.

BAC of 0.10-0.149%

Driving with a higher BAC is more dangerous, so as BAC increases, you’ll face harsher penalties:

Jail time up to 30 days
12-48 hours of classes at an Intoxicated Drivers Resource Center
Ignition interlock device installed for six months to one year
$3,000+ car insurance surcharge
A fine between $350 and $500

As with lower BAC arrests, there’s some room for negotiation when it comes to penalties.

BAC of 0.15% or Above

At the highest end, a BAC of 0.15% or more will increase penalties, specifically when it comes to your Driver’s License.

License forfeiture between 4-6 months
Jail time up to 30 days
12-48 hours of classes at an Intoxicated Drivers Resource Center
Ignition interlock device installed for six months to one year
$3,000+ car insurance surcharge
A fine between $350 and $500

Penalties for Second and Subsequent DUI

New Jersey law goes easier on first-time offenders. However, if you’re charged with a second DUI within 10 years of your first, the penalties increase:

Jail time from two to 90 days
License suspension for between one to two years
48 hours of classes at an Intoxicated Drivers Resource Center
Ignition interlock device installed for 2-4 years
A fine between $500 and $1,000
$3,000+ car insurance surcharge

Note that while jail time isn’t always required for first-time offenders, second-time offenders must serve at least two days. If you’re convicted of a third DUI (or a DUI beyond your third), penalties become dramatically harsher and include:

Jail time of up to 180 days (up to 90 days may be served at an inpatient drug and alcohol rehab program)
License suspension for 8 years
30 days of community service
12-38 hours of classes at an Intoxicated Drivers Resource Center
Ignition interlock device installed for 2-4 years
A fine of $1,000
$4,000+ car insurance surcharge

There’s also a possibility of even greater penalties, especially for repeat offenders. For example, if you’re arrested in a school zone, you might face greater fines or an extended jail sentence. If a judge determines your DUI to be especially severe, your vehicle registration can even be revoked.

Other Fees

In New Jersey, if you’re convicted of DUI, you’ll also be ordered to pay a number of fees. Many of these fees go toward the good of the community:

Safe and Secure Community Program Fee: $75
Violent Crimes Compensation Fund Fee: $50
Intoxicated Driving Program Fee: $100
Motor Vehicle Commission Restoration Fee: $100
Drunk Driving Enforcement Fund Surcharge: $100

Keep in mind that in most cases, a DUI conviction will also cause an increase in your car insurance premiums.

Have You Been Charged With a DUI?

As you can see, if you’re convicted of a DUI in New Jersey, you may face severe penalties. If you lose your job or your transportation as a result, you also may find your conviction has an even greater negative impact on your life.

The stakes are high if you’re facing a DUI charge, and you need an experienced lawyer to safeguard your rights and increase your chances of a favorable outcome.

Steven Ellman has successfully defended New Jersey residents accused of DUI for over 35 years. He’s also a member of the American Association of Premier DUI Attorneys and the DUI Defense Lawyers Association. If you want to make sure you get the representation you deserve, contact us today for a free consultation.

Author: Steven Ellman

Steven is laser-focused on helping his clients resolve their legal issues promptly, receive fair compensation where applicable, and move forward with their lives. He is known for treating all his clients with the utmost respect, listening to their concerns, giving them options, and helping them make informed decisions about how to best proceed with their cases.