New Jersey DWI Penalties

Below, you will find information regarding the potential criminal penalties that are imposed upon a conviction for a DWI offense in New Jersey. It is important to understand that all penalties are in addition to, and will likely run consecutively with, any penalties that may be imposed as a result of a Chemical Test Refusal.

There are no work licenses or hardship permits in New Jersey.

DWI FIRST OFFENSE - BAC under .08 or no reading - FINES: $250-$400, additional $351 in assessments, $3,000 out-of-court surcharge billed at $1,000 a year or on a monthly basis, and separate surcharge from the insurance company; JAIL: up to 30 days, and mandatory 12-48 hours in the intoxicated driver's resource center; LICENSE SUSPENSION: 3 month suspension.

DWI FIRST OFFENSE - BAC .10 OR HIGHER/DWI DRUGS - FINES: $300-$500, additional $351 in assessments, $3,000 out-of-court surcharge billed at $1,000 a year or on a monthly basis, and separate surcharge from the insurance company; JAIL: up to 30 days, and mandatory minimum 12-48 hours in the intoxicated driver's resource center; LICENSE SUSPENSION - no less than 7 months - up to one year.

DWI SECOND OFFENSE - FINES: $500-$1,000, additional $351 in assessments, $3,000 out-of-court surcharge billed at $1,000 a year or on a monthly basis, and separate surcharge from the insurance company; JAIL: 2 to 90 days, and a mandatory minimum 48 hours in the intoxicated driver's resource center; LICENSE SUSPENSION: 2 year; OTHER: 30 days community service; registration suspension for 2 years, or ignition interlock installation for 1 to 3 years after restoration of license.

DWI THIRD OR SUBSEQUENT OFFENSE - FINES: $1,000, additional $351 in assessments, $4,500 out-of-court surcharge billed at $1,500 a year or on a monthly basis, and separate surcharge from the insurance company; JAIL: mandatory - not less than 180 days in county jail (court may allow up to 90 of the 180 days to be spent in an IDRC approved alcohol or drug rehabilitation program); LICENSE SUSPENSION: 10 years; OTHER: registration suspension for 10 years, or ignition interlock installation for 1 to 3 years after restoration of license.

New Jersey DWI "SCHOOL ZONE" Penalties

Under New Jersey DWI law, enhanced penalties will be imposed if a DWI offense occurs while: (1) on any school property used for school purposes which is owned by or leased to any elementary or secondary school or school board, or within 1,000 feet of such school property; (2) driving through a school crossing if the municipality, by ordinance or resolution, has designated the school crossing as such; or (3) driving through a school crossing knowing that juveniles are present if the municipality has not designated the school crossing as such by ordinance or resolution.

DWI FIRST OFFENSE - SCHOOL ZONE - FINES: $500-$800; JAIL: up to 60 days; LICENSE SUSPENSION: 1 year - 2 years

DWI SECOND OFFENSE - SCHOOL ZONE - FINES: $1,000 - $2,000; JAIL: mandatory minimum 96 hours - up to 180 days; LICENSE SUSPENSION: 4 years; OTHER: 60 days community service.  (Note - to impose these enhanced penalties, the first conviction must have been a school zone conviction).

DWI THIRD OFFENSE - SCHOOL ZONE - FINES: $2,000; JAIL: 180 days in county jail or workhouse (up to 90 days may be spent in drug/alcohol treatment program if court allows); LICENSE SUSPENSION: 20 years.  (Note - to impose these enhanced penalties, the first and second convictions must have been school zone convictions).