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DWI Penalties

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Driving while intoxicated and driving under the influence are serious motor vehicle violations in New Jersey. The penalties for a conviction on either charge are significant. While many may only think of penalties like the loss of driving privileges, hefty fines and even jail time, a conviction for DWI in New Jersey will remain on your driving record permanently.

Because a DWI is considered quasi-criminal in nature, you do not have the right to a jury trial. This means that only a judge will preside over your case. Should you decide to appeal the judge’s ruling, the case will go in front of a different judge. He or she will review the facts of the case and either uphold the trial court’s decision or find you Not Guilty

The penalties for DWI are based on several factors, including the defendant’s age, his or her blood alcohol level and if there was a conviction for DWI in his or her past. This includes convictions in other states. Each additional conviction has penalties that are harsher in terms of jail time, fines and the suspension or revocation of driving privileges.

If convicted of DWI, the judge has the right to order you to install an ignition interlock device on any vehicle you drive. This machine requires you to blow into it to determine your blood alcohol content. Should your blood alcohol content register .05 percent or higher, the vehicle will not start. An IID could be required for up to three years, depending on whether you have previous convictions for DWI.

Below are the penalties for DWI in New Jersey.

New Jersey DWI Penalties

1st Offense: Your blood alcohol level is 0.08% but less than 0.10% or you are visibly under the influence of liquor.

Your fines can range anywhere from $250.00 to $400.00, and will include a DWI
Surcharge of $100.00, a DDEF Surcharge of $100.00, assessments of $6.00, court costs
of $33.00, a safe neighborhood fine (SNSF) of $75.00, and also a VCCO fine of$50.00.
Your stay in the Intoxicated Driving Resource Center (IDRC) will be for a period of
12 Hours.
Jail time for a period of up to 30 days,
Driver’s license suspension for a period of 3 months.
An Interlock for your principal vehicle is optional and can last as long as one to six
months or even a year if required, and follows the period of your license’s suspension.

1st Offense: Your blood alcohol level is 0.10% or higher or you are visibly under the
influence of drugs.

Your fines can range anywhere from $300.00 to $500.00, and will include a DWI
Surcharge of $100.00, DDEF Surcharge of $100.00, assessments of $6.00, court costs of
$33.00, a safe neighborhood fine (SNSF) of $75.00, and also a VCCO fine of $50.00.
Your stay in the Intoxicated Driving Resource Center (IDRC) will be for a period of
12 Hours.
Jail time for a period of up to 30 days,
Driver’s license suspension for a period of seven months to one year.
An Interlock for your principal vehicle is a mandatory six months to one year if
your blood alcohol level was .15 or higher. This Interlock will also be required while
your license is suspended as well as during any additional period. However, if your
blood alcohol level was less than .15 the Interlock will be optional and can range
anywhere from six months to a year following the suspension of your license.

2nd Offense: Your blood alcohol level is 0.08% or higher or you are visibly under the influence of liquor or drugs.

Your fines can range anywhere from $500.00 to $1,000.00 and will include a DWI
Surcharge of $100.00, DDEF Surcharge of $100.00, assessments of $6.00, court costs of
$33.00, a safe neighborhood fine (SNSF) of $75.00, and also a VCCO fine of $50.00.
Your stay in the Intoxicated Driving Resource Center (IDRC) will conform to the
individual treatment classification which is 48 hours.
Jail time will range from a minimum of 2 to 90 days, but the court may authorize two of
these days through the IDRC.
Driver’s license suspension for a period of two years.
Community Service of 30 days will also be required during this time.
An Interlock for your principal vehicle will be required for a mandatory one to three
year period during the time of your license’s suspension as well as the additional
period.

3rd Offense: Your blood alcohol level is 0.08% or higher or you are visibly under the
influence of liquor or drugs

Your fine will be $1,000.00 and will also include a DWI Surcharge of $100.00, DDEF
Surcharge of $100.00, assessments of $6.00, court costs of $33.00, a safe neighborhood
fine (SNSF) of $75.00, and also a VCCO fine of $50.00.
Your stay in the Intoxicated Driving Resource Center (IDRC) will conform to the
individual treatment classification.
Jail time is a mandatory period of 180 days, of which up to 90 of those days can be
served through the inpatient program the IDRC offers. ***Please note that all of the
jail time cannot be served through the IDRC, community service or work release.
Therefore, jail time will be mandatory.***
Driver’s license suspension for a period of ten years,
Ignition Interlock for your principal vehicle will be a mandatory one to three years,
be required during the license suspension as well as for any additional period.

A refusal to submit breath samples for chemical testing will also include the same
fines and penalties as DWI violations, except jail time will not apply.

**Preceding DWI’s augment Refusal’s, but prior Refusal’s DO NOT augment DWI’s.**

Speak to an Experienced New Jersey DWI Attorney

If you or a loved one have been charged with DWI and are facing the prospect of having an ignition interlock device on your vehicle, contact the experienced attorneys at the Lukach Law, P.C. for legal assistance.

Being arrested and charged with DWI is a serious motor vehicle offense and has harsh penalties including fines, possible jail time and much more. Don’t make the mistake of not having the best legal representation you can. Your rights must be protected.

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