State by State DUI Penalties -

Use the drop down menu below to find your state and review your state's drunk driving penalties.

NOTE: This information is not intended to be relied upon as legal advice. Please email any corrections or additions to evanlevow@dwi-nj.com.

New Jersey

BAC 0.08 - < 0.10

1st Offense

Fine between $250 and $400
Detainment between 12 and 48 hours spent during 2 consecutive days of not less than 6 hours each day
Maximum 30 day imprisonment
3 month license forfeiture
Court may order ignition interlock between 6 months to 1 year after return of license

2nd Offense

Fine between $500 and $1,000
Community service for 30 days
Imprisonment between 48 hours and 90 days
2 year license forfeiture
Court may order ignition interlock between 1 and 3 years immediately after return of license

3rd or Subsequent Offense

$1,000 fine
Minimum 180 days in a county jail; court may lower such term not exceeding 90 days for each day served in a drug or alcohol inpatient rehab program
10 year license suspension
Court may order ignition interlock between 1 and 3 years immediately after return of license

BAC 0.10 or greater

1st Offense

Fine between $300 and $500
Detainment between 12 and 48 hours spent during 2 consecutive days of not less than 6 hours each day
Maximum 30 day imprisonment
7 month license suspension
Court may order ignition interlock between 1 and 3 years immediately after return of license

NJ ST 39:4-50 Driving while intoxicated

Result of Refusal

1st refusal
Between 7 months and 1 year license suspension
Fine between $300 and $500
Ignition Interlock required pursuant to NJ ST 339:4-50.16. Legislative findings

2nd refusal
2 year suspension
Fine between $500 and $1,000
Ignition Interlock required pursuant to NJ ST 339:4-50.16. Legislative findings

3rd or Subsequent refusal
10 year license suspension
$1,000 fine
Ignition Interlock required pursuant to NJ ST 339:4-50.16. Legislative findings

If refusal occurs while driving through a school crossing or within 1,000 feet of school property

1st refusal

Fine between $600 and $1,000
Between 1 and 2 year license suspension

2nd refusal

Fine between $1,000 and $2,000
4 year license suspension

3rd or Subsequent refusal

$2,000 fine
20 year license suspension

NJ ST 39:4-50.4a. Refusal to submit to chemical test; penalties

LICENSEE WITH OUT-OF-STATE DUI

Upon notice of conviction under the compact, New Jersey shall treat the DUI as if it had occurred in the home state.

NJ ST 39:5D-4. Effect of conviction

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