Driving While Intoxicated (DWI) and Driving Under the Influence (DUI) are serious crimes in the state of New Jersey, which carry heavy penalties and can have short and long term consequences in the form of fines, legal costs, suspension of your driving license, community service and even jail time.
The main distinction between the harshness of penalties in DUI cases is determined by whether it’s a first time conviction for the offender or if the offender has been found guilty of these crimes before as well. The Blood Alcohol Content (BAC) of the accused at the time of arrest also determines the harshness of the penalties.
Drunk Driving Defined in New Jersey
For someone to be arrested for a Driving Under Influence, the accused driver had to have a BAC of 0.10 or higher. However, that figure has been bought down to 0.80 in accordance with the rest of the United States. In fact, if a police officer has reason to believe that a driver’s driving ability has been compromised at all because of alcohol, the driver can be arrested, even if the accused driver has a BAC less than 0.80.
Penalties for First-Time Offenders
If a first time accused has a BAC of 0.08 percent but less than 0.10 percent, they may be subject to the following penalties:
- Suspension of their driving license for three months
- Fines ranging from $250 to $500
- 12 to 48 hours of DWI classes
- Prison time of up to 30 days
BAC greater than or equal to 0.10 can increase these penalties to:
- Suspension of drivers license for up to one year
- Fines ranging from $300 to $500
- 12 to 48 hours of New Jersey DWI classes
- Prison time of up to 30 days
A BAC of 0.15 or greater can also result in the forced installment of an ignition interlock device (IID) in the vehicle of the accused for up to one year.
Penalties for Second-Time Offenders
A first time DWI/DUI is still classified as a misdemeanor. However, a second time offense within ten years can lead to:
- Suspension of driver’s license for up to two years
- Fines ranging from $500 to $1000
- 30 days of community service
- 12 to 48 hours of DWI classes
- Installation of an IID during license suspension and for three years after license restoration
- A prison sentence of up to 90 days
Penalties for Third-Time Offenders
If you commit a third DWI offense within 10 years of your second offense, you may face:
- Drivers license suspension for up to 10 years
- A fine of up to $1,000
- Up to 90 days of community service
- 12 to 48 hours of DWI classes
- Installation of an IID during license suspension and for up to three years after restoration
- Prison sentence of up to 180 days
Related Penalties
There are other New Jersey laws related to DUI/DWI as well. For example, being caught driving with an open container of alcohol in the car. A first offense of this kind results in a $200 fine. A second open container offense can result in a $250 fine and 10 days of community service.
If an accused is caught driving while their license is suspended due to a DWI/DUI, they can face the following penalties:
- Additional suspension of their license for two years
- $500 fine
- A prison term ranging from 10 to 90 days
