When you’re charged with driving under the influence (DUI), it can be overwhelming, especially when your driving privileges are at stake. While you may not automatically lose your license after a DUI in New Jersey, it’s a distinct possibility, depending on the circumstances surrounding your case.
Understanding DUI laws and the penalties you could face if you’re convicted of this offense can help you navigate the legal process more effectively. This article explains what you need to know about DUIs and license suspension in New Jersey.
Do You Lose Your License Immediately After a DUI?
There’s a common assumption that a driver immediately loses their license after a DUI arrest. In New Jersey, however, your driver’s license will remain valid while your case is pending. A suspension will only take effect if you’re convicted.
If you’re a first-time offender with a blood alcohol concentration (BAC) below 0.15%, New Jersey law allows you to keep your license so long as you install an ignition interlock device (IID) in your vehicle. This device will require you to pass a breathalyzer test before you can start your car.
That said, if your BAC is 0.15% or higher, or if you’ve had more than one offense, a conviction will result in mandatory suspension of your license.
License Suspension for DUI Offenses in New Jersey
When you’re convicted of DUI in New Jersey, the length of your license suspension will depend on several factors, including your BAC at the time of your arrest and whether it’s your first or a subsequent offense.
The following guidelines apply for first-time DUI offenses:
- BAC Over 0.08% but Less Than 0.10%: $250–$400 fine; imprisonment for up to 30 days; driver’s license forfeiture until IID has been installed for three months
- BAC Between 0.10% and 0.15%: $300–$500 fine; imprisonment for up to 30 days; license forfeiture until IID has been installed for seven months to one year
- BAC of 0.15% or Higher: License suspension for four to six months; IID must be installed for nine to 15 months after restoration
For second offenses, you may face a fine of $500–$1,000, imprisonment for at least 48 hours and up to 90 days, license suspension for a minimum of one year and a maximum of two years, 30 days of community service, and installation of an IID for two to four years after license suspension.
Third offenses come with a fine of $1,000, imprisonment for 180 days (which can be shortened by participating in an inpatient rehabilitation program), eight-year license suspension, and installation of an IID for two to four years after license restoration.
These penalties may also include community service, completion of mandatory programs, and insurance increases.
New Jersey doesn’t offer work or hardship licenses, which means you can’t legally drive during a suspension period. It’s also important to note that if you’re an out-of-state driver arrested for DUI in New Jersey, you’ll be subject to the same penalties listed above.
What Happens if You Drive on a Suspended License?
If you’ve had your license suspended due to a DUI conviction and are caught driving illegally, you could face devastating consequences, including jail time.
A first offense for driving with a suspended license will result in a $500 fine, additional time added to your suspension (from one to two years), and a mandatory jail sentence of 10–90 days. For second offenses, these fines will increase, and jail time can go up to 180 days in total.
Can You Get Your License Back After a DUI?
You may be surprised to learn that there are additional requirements once your suspension period is over — in other words, your license won’t be reinstated automatically. Specifically, you must:
- Complete any court-ordered requirements, such as an alcohol education program or community service days
- Pay a $100 reinstatement fee to the New Jersey Motor Vehicle Commission (MVC)
- Have an IID installed on your vehicle if required
If you fail to complete these steps, you won’t be able to drive legally, even if your suspension period has ended.
How to Protect Your Driving Privileges After a DUI
Remember, a DUI charge doesn’t automatically mean you’ll lose your license. Hiring an experienced DUI attorney could make a significant difference in the outcome of your case.
Your lawyer may be able to:
- Challenge the accuracy of BAC test results
- Question the validity of the initial traffic stop
- Negotiate reduced penalties or alternative sentencing
- Help you avoid being convicted
If you’re facing DUI charges in New Jersey, don’t wait to seek out qualified legal help.
Get Legal Assistance for Your DUI Case
Attorney Steven Ellman has been defending clients facing DUI charges for nearly 40 years, helping minimize their penalties and protect their driving privileges. Reach out today to schedule a free consultation and take the first step toward building a strong defense.
