Introduction to New Jersey DWI/DUI Laws
Under New Jersey state laws, driving while intoxicated (DWI) also referred to as driving under the influence (DUI) 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 drunk driving will raise insurance rates and could result in the installation of an ignition interlock device which is a device 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) or blood alcohol concentration. Depending on whether it is the first offense or a subsequent offense, the penalties including license suspension, and ignition interlock, will vary in severity based upon New Jersey law. In all instances, a convicted defendant will have to participate in an intoxicated driver resource center and participate in the intoxicated driver resource center. The penalties can be severe and costly for a DWI conviction in New Jersey.Evolution of New Jersey DWI Laws
First offense DWI Penalties in New Jersey
BAC 0.08% to 0.10%
A driver 21 who registers a blood alcohol concentration or 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 until the installment of an ignition interlock device. Upon installment, the interlock must be used for 3 months. The driver will also have to pay a fine of between $250 and $400 and be required to attend the intoxicated driver resource center (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. The 2023 amendment which goes into effect in early 2024 provides that a person may preemptively install an ignition interlock device on the vehicle they own or principally operate and request from the motor vehicle to issue an interlock notated license before the court. If the person installs the interlock before the court and provides the correct documentation the court is permitted to waive the $250-$400 fine noted above. This change could help to offset the costs of the installation of the ignition interlock device
BAC Above 0.10% but Less Than 0.15%
DWI penalties NJ first offense blood alcohol concentration or BAC is above 0.10% but less than 0.15%, the driver's license will be suspended until the installment of an interlock device. Because it is a higher tier charge, the interlock must be used for 7-12 months. There will be a mandatory fine of between $300 and $500, an intoxicated driver resource center (IDRC) requirement of 12 to 48 hours, insurance surcharges of $1,000 annually for three years, and up to 30 days in jail. These are the NJ DWI penalties for a DWI conviction. The 2023 amendment which goes into effect in early 2024 provides that a person may preemptively voluntarily install an ignition interlock device on the vehicle they own or principally operate and request from the motor vehicle to issue an interlock notated license before the court. If the person installs the interlock before the court and provides the correct documentation the court is permitted to waive the $300-$500 fine noted above.
BAC Above 0.15%
If the first offense DWI conviction with a Blood Alcohol Concentration or BAC is above 0.15%, as evidenced by a breath test the driver is subject to 4-6 months of license suspension and 9-15 months of interlock usage in their motor vehicle. Again, they are also at risk of up to 30 days in jail, there will be a mandatory fine of between $300 and $500, an intoxicated driver resource center (IDRC) requirement of 12 to 48 hours, and insurance surcharges of $1,000 annually for three years.
2023 Amendment for Early Interlock Installation
The 2023 amendment to the DWI penalties and law which goes into effect in early 2024 allows for the driver to voluntarily install the ignition interlock device in one motor vehicle the person owns, leases or principally operates and then apply it to the Motor Vehicle for an interlock notated license by supplying the motor vehicle with all of the required interlock documentation providing proof of installation. The driver who installs the interlock shall receive a one-day credit against the period of license suspension for every 2 days the person has the ignition interlock device installed and a driver's license with the appropriate notation. However, a Person shall not be entitled to a credit if the DWI involved an accident resulting in serious bodily injury as defined in N.J.S. 2C:11-1 to another person.
Second Offense DWI in New Jersey
Upon a second DWI conviction offense is committed within ten years of the first, as a repeat offender the defendant's driver's license will be suspended for 1-2 years. In addition to the driver's license suspension, they must use an interlock device in their motor vehicle for 2-4 years following license reinstatement. There will be fines between $500 and $1,000, the same IDRC and insurance charges as with the first offense, but with the added possibility of 30 days of community service and a potential jail sentence of 48 hours to 90 days.
Credit for Voluntary Interlock Installation
A person who voluntarily installs an ignition interlock device and obtains a driver's license with an interlock notation before conviction shall receive a one-day credit against the period of license suspension for every 2 days the interlock is installed and shall not be subject to the $500 to $1,000 fine generally imposed. However, a Person shall not be entitled to a credit if the DWI involved an accident resulting in serious bodily injury as defined in N.J.S. 2C:11-1 to another person.
Third Offense DWI in New Jersey
Increased Penalties for Repeat Offenders
Upon a third DWI conviction within ten years of the second, as a repeat offender, the defendant's driver's license will be suspended for 8 years. In addition, to the driver's license suspension, they must use an interlock device in their motor vehicle for 2-4 years following license reinstatement. The fine is $1,000 and the insurance surcharges are $1,500 annually for three years. There will be required IDRC attendance for 48 hours, and the driver also could face up to 180 days in jail.
Benefits of Voluntary Interlock Installation
A person who voluntarily installs an ignition interlock device and obtains a driver's license with an interlock notation before conviction shall receive a one-day credit against the period of license suspension for every 2 days the interlock is installed and shall not be subject to the $500 to $1,000 fine generally imposed. However, a Person shall not be entitled to a credit if the DWI involved an accident resulting in serious bodily injury as defined in N.J.S. 2C:11-1 to another person.
How likely is jail time for a first DUI in New Jersey?
Although a jail sentence is permissible on a first offense drunk driving in New Jersey it is not common for a first-time DWI conviction in New Jersey to result in Jail time. It is in the judge's discretion but without serious aggravating factors, it is unlikely. Jail time could result however with the addition of other factors such as possibly an extraordinarily High Blood alcohol concentration or BAC or an accident resulting in injury but in most instances, it will be additional charges beyond the first offense DWI such as assault by auto or otherwise which will trigger the jail component. One example of a serious issue that can result in jail or probation is when the driver is charged and has children in the car. If they are a parent it could be charged as a second-degree felony. However, in the standard first offense DWI handled in municipal court Jail time is unusual.
New Jersey Additional Penalties For Driving Under the Influence with a Minor in the Car
39:4-50.15 provides for additional penalties for a parent or guardian convicted of drunk driving with a minor which is defined as a person 17 years or under. The law provides that a person convicted of this offense shall be guilty of a disorderly person's offense. In addition to the other penalties, the driver could be sentenced to a license suspension for up to six months and shall be ordered to perform community service. In addition, there is a more severe penalty if you are charged N.J.S. 2C:24-4(a)(2) Endangering the Welfare of Children which could result in a second or third-degree crime if parent or guardian is deemed to have caused harm that would make the child a neglected child as defined by law.
Penalties for Driving Under the Influence for Underage Drivers
For a driver under age 21, the same rules and penalties for an adult over 21 are the same where the driver is drunk driving. There is a distinct difference however in that an underage driver can find themselves in trouble with any alcohol in their system. New Jersey is a zero-tolerance law state for underage drivers and there will be an arrest for driving while the driver's BAC is 0.01% but under .08% since they are under the legal drinking age.
The nuance here is that an underage driver with a .01% Blood Alcohol concentration would be charged with what is referred to euphemistically as a “baby drunk” in DWI legal circles. It is not a drunk driving conviction however, an underage driver with a higher blood alcohol and or with poor performance on standard field sobriety tests could be convicted of driving while intoxicated the same as an adult and face all of the standard penalties mentioned in the prior subsections.
A driver convicted of driving after consuming alcohol yet not being drunk or under the influence while under age 21 will face a suspended driver's license for 30 to 90 days. In addition, 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 but the same intoxicated driver resource center program will be required. An underage case that does not result in a DWI conviction is not considered a first offense or prior conviction so there will not be an enhanced penalty if there is a subsequent DWI.
New Jersey DWI Penalties for Commercial Drivers
If the driver is driving a commercial vehicle with a CDL at the time of his or her DWI conviction, the legal limit is 0.04%. A conviction for a DWI of this type has all of the penalties of a DWI for a person with a conventional license including the intoxicated driver resource center, plus an additional suspension of the driver's CDL. The threat of losing commercial employment for a DWI is also something to be concerned about. Federal Law requires that a CDL license suspension will be imposed separately for a 1-year loss of license in addition to the standard New Jersey first-offense penalties. In the event of a second conviction federal law provides that the CDL privilege is lost and the commercial license is permanently revoked.
Contact A New Jersey DWI Attorney
If you or a loved one has been charged with a DWI traffic offense you must 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 part of New Jersey, you have rights and you deserve to know what they are. The ramifications for a DWI conviction can have a wide range of influences on a person's life including the possibility of jail time, the loss of a driver's license, significant fines, requirements to attend the IDRC, and paying insurance surcharges. All of these costs are both personally and financially substantial.
