New Jersey Title 39, section 39:4-50(iii)(2) outlines the penalties for a second DWI in New Jersey. New Jersey driving while intoxicated laws define the charges, prison term, administrative penalties, and the period of time of an individual’s driving history (10 years) that will be taken into account. The full statute outlining the details of the second and third DWI offense can be found below or on the DWI statutes page.

When being charged with a DWI, the court will first look at your driving record. If you have a previous DWI conviction within 10 years of the new charge, the previous DWI case will be taken into consideration. If your first DWI was more than 10 years before the second DWI, your second DWI will be treated as a first offense.

The penalties for a second DWI offense are as follows:

  • A fine of $500-$1,000*
  • Imprisonment of at least 48 consecutive hours, and up to 90 days*
  • 48 consecutive hours detainment in a regional Intoxicated Driver Resource Center
  • An automobile insurance surcharge of $1,000 a year for 3 years
  • Installation of an ignition interlock device for a period of 1 year to 3 years after license restoration

 

The penalties for a third DWI offense within 10 years of the second DWI offense are as follows:

  • A fine of $1,000
  • Imprisonment for up to 180 days
  • 48 consecutive hours detainment in a regional Intoxicated Driver Resource Center
  • Installation of an ignition interlock device for a period of 1 year to 3 years after license restoration

 

39:4-50 Driving while intoxicated.

39:4-50. (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood shall be subject:

For the first offensive… See DWI Statues for full description

(2)For a second violation, a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).

(3)For a third or subsequent violation, a person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years. For a third or subsequent violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).