Under New Jersey’s DUI/DWI statute, a person may not operate a motor vehicle under the influence of alcohol or a narcotic, hallucinogenic, or habit-producing drug. A motorist commits DWI when they have a blood alcohol content of 0.08 percent or more or a detectable amount of drugs in their system, regardless of the alcohol’s effects on their ability to drive safely. However, a commercial vehicle driver commits DWI when they have a BAC of 0.04 percent or more. Furthermore, New Jersey takes a “zero tolerance” approach to underage drinking, making it illegal for a driver under 21 to drive with any detectable amount of alcohol in their system.

Penalties for drunk driving may depend on the amount of alcohol in a driver’s system and whether the driver has prior DWI convictions. Penalties for a first DWI conviction include:

• BAC of 0.08 Percent or Higher but Less Than 0.10 Percent – A fine of $250 to $400, up to 30 days in jail, forfeiture of driver’s license until ignition interlock installed in one’s vehicle, three months of ignition interlock requirement, two days of six-hour classes at an Intoxicated Driver Resource Center, and an annual insurance charge of $1,000 for three years
• BAC of 0.10 Percent or Higher but Less Than 0.15 Percent: A fine of $300 to $500, up to 30 days in jail, forfeiture of driver’s license until ignition interlock installed in one’s vehicle, seven to 12 months of ignition interlock requirement, two days of six-hour classes at an Intoxicated Driver Resource Center, and an annual insurance charge of $1,000 for three years
• BAC of 0.15 Percent or Higher – A fine of $300 to $500, up to 30 days in jail, forfeiture of driver’s license for four to six months, ignition interlock requirement during license suspension and for nine to 15 months after license restoration, two days of six-hour classes at an Intoxicated Driver Resource Center, and an annual insurance charge of $1,000 for three years

Penalties for a second DWI conviction include:

• A fine of $500 to $1,000
• 48 consecutive hours to 90 days in jail
• Driver’s license suspension of one to two years
• 30 days of community service
• Annual insurance surcharge of $1,000 for three years
• Installation of an ignition interlock during license suspension and for two to four years following license restoration

Penalties for a third or subsequent DWI conviction include:

• A fine of $1,000
• 180 days in jail, up to 90 days of which a person may serve in an inpatient rehabilitation facility approved by the IDRC
• Eight-year driver’s license suspension
• 30 days of community service
• Annual insurance surcharge of $1,500 for three years
• Installation of an ignition interlock during license suspension and for two to four years following license restoration

Penalties for DWI convictions may increase for offenses involving aggravating conditions, such as driving through a school zone.