Basic Overview of DWI Penalties in NJ

1st Offense 2nd Offense 3rd Offense
Jail Up to 30 days Up to 90 days Up to 180 days
Fines $250 – $500 $500 – $1000 $1000
License Suspension 3 months – 1 year 2 years 10 years

Refusal to Take Chemical Test in NJ

1st Offense 2nd Offense 3rd Offense
7 months license suspension 2 year license suspension 10 year license suspension

Alcohol or drug related DUI with BAC of 0.10% or greater

License Loss Fines Jail Term Other Penalties
7 months–
1 year
$300–$500 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days 12–48 hours IDRC*
BAC 0.15% or greater: ignition interlock device during license suspension and 6 months – 1 year following restoration

Alcohol or drug related DUI with BAC greater than 0.08% but less than 0.10%

License Loss Fines Jail Term Other Penalties
3 months $250–$400 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days 12–48 hours IDRC*

Repeated DWI convictions

2nd Offense within 10 years 3rd Offense within 10 years of 2nd Offense
License Loss 2 years 10 years
Fines $500–$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Jail Time 48 hours to 90 days 180 days
Other Penalties 30 days CS
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration
Up to 90 days CS (can reduce period of imprisonment)
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration