New Jersey DWI Penalties

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Under New Jersey state laws, driving while intoxicated (DWI) is a serious traffic offense that can lead to jail time, fines and suspension of the individual's driver's license. In addition, being convicted of a DWI will raise insurance rates and could result in a device being installed in the offender's vehicle so that it won't start until a breathalyzer test is taken and passed. There are also punishments if a person has been stopped by the police on suspicion of DWI and refuses to submit to a breathalyzer test to determine his or her blood alcohol content (BAC). Depending on whether it is the first offense or a subsequent offense, the penalties will vary in severity. All penalties can be severe and costly.

Penalties For DWI

The amount of alcohol that can legally be in a New Jersey driver's system varies depending on age and the type of license he or she has. For a driver under age 21, there will be an arrest for DWI if the driver's BAC is 0.01% or above, since he or she is under the legal drinking age. A driver convicted of DWI while under age 21 will face a suspended driver's license for 30 to 90 days. He or she may be subject to the mandatory penalties for someone over age 21 at the judge's discretion. There will be 15-30 days of mandatory community service and required attendance at an Intoxicated Driver Resource Center (IDRC) to receive alcohol and highway safety education. If the person is under age 17 and doesn't have a license, there will be a 30-90 day delay in the processing of the driver's license.


If the driver is driving a commercial vehicle with a CDL license at the time of his or her DWI conviction, the legal limit is 0.04%. A conviction for DWI of this type has all of the penalties of a DWI for a person with a conventional license, plus the additional suspension of the driver's CDL license. The threat of losing the commercial employment for a DWI is an added thing to be concerned about.

A driver 21 or older who registers a BAC of 0.08% or above will be charged with DWI. If it is a first offense and the BAC is above 0.08% but less than 0.10%, the driver's license will be suspended for three months. The driver will also have to pay a fine of between $250 and $400, be required to attend IDRC for between 12 and 48 hours with the accompanying fees, plus insurance surcharges of $1,000 per year for three years. There could also be a 30 day jail sentence if the judge orders it.

If the first offense BAC is above 0.10%, the driver's license will be lost for seven months to one year. There will be a mandatory fine of between $300 and $500, an IDRC requirement of 12 to 48 hours, insurance surcharges of $1,000 annually for three years, and up to 30 days in jail.

If a second DWI offense is committed within ten years of the first, the defendant's driver's license will be suspended for two years. There will be fines between $500 and $1,000, the same IDRC and insurance charges as with the first offense, but with the possibility of 30 days of community service, and a potential jail sentence of 48 hours to 90 days.

If there is a third DWI committed within ten years of the second, the defendant's driver's license will be suspended for 10 years. The fine is $1,000 and the insurance surcharges are $1,500 annually for three years. There will be required IDRC attendance for 12 to 48 hours and a maximum of 90 days of community service. The driver also could face up to 180 days in jail.

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For a first offense DWI conviction with a BAC level below 0.15%, a driver is subject to the discretion of the judge as to whether they will be required to install the ignition interlock device on his or her car. All drivers found guilty of DWI with a BAC of 0.15% or higher or for a second, third or subsequent time will be automatically ordered to have an ignition interlock device installed on the vehicle during the time of license suspension and for as much as three years after. This is a device into which the person must blow to get a BAC reading before the vehicle will start. If the BAC reading is over 0.05%, the vehicle won't start. Proof must be provided to the court that the device was installed before driving privileges will be reinstated. Failure to have an interlock device installed when ordered could result in an additional one year driving privileges suspension.

Contact A New Jersey DWI Attorney

If you or a loved one have been charged with a DWI traffic offense, it's important that you secure qualified legal representation by calling Villani & DeLuca, P.C. in Point Pleasant Beach, New Jersey. Whether the charge occurred in Ocean County, Monmouth County or any other parts of New Jersey, you have rights. The ramifications for a DWI conviction can have a wide-ranging influence on a person's life. From the possibility of jail time or the loss of license, to the significant fines and requirements to attend the IDRC, and paying insurance surcharges, the costs both personally and financially can be substantial. 

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Act Now Before It's Too Late!

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Mistakes happen all the time. If a mistake was made by the police or the New Jersey prosecution it should not hurt you and your family. Our experienced NJ DWI Defense Lawyers at Villani & DeLuca regularly protect the legal rights of people who have been charged with DWI / DUI or breath test refusal. This traffic offense carries the possible of jail time and costly fines in New Jersey. The stakes are too high and can last for years. A strong legal defense can often convince the courts to have your drunk driving charges dismissed or reduced. Don't risk your future by defending yourself against a DUI! Contact Villani & Deluca today for a FREE case evaluation on all your pending drunk driving charges.

This website is designed for information purposes only and should not be construed as formal legal advice nor the formation of an attorney/client relationship.