New Jersey DUI Laws, Limits, and Penalties

Getting caught while driving under the influence (DUI or DWI) in New Jersey is a serious offense that can lead you to prison. Under the New Jersey DUI/DWI policy, every person caught driving impaired must undergo a breath test. Refusing to do so can result in a license suspension. The blood alcohol concentration (BAC) test will determine your alcohol percentage in your body. Above a certain percentage will determine how intoxicated the individual is.

Blood Alcohol Concentration (BAC) Test

The blood alcohol concentration varies for drivers in New Jersey. For drivers over 21 years of age with a blood alcohol concentration of 0.08% or higher are considered intoxicated. Under the age of 21, 0.01% is deemed to be intoxicated and 0.04% for anyone with a CDL driver’s license. Once you are caught, the consequences can be severe.

New Jersey DUI Penalties

Below is a breakdown of the penalties in New Jersey if you are caught driving under the influence of drugs or alcohol. The offenses are for first-time offenders: First offense with a BAC level of 0.10% or higher:
  • Suspended license for 7 to 12 months
  • Imprison for a maximum of 30 days
  • Fine $300 to $500
  • Mandatory Intoxicated Driver Resource Center (IDRC) attendance for 12 to 48 hours
  • Ignition Interlock Device (IID): six months to one year after the license is restored if BAC was 0.15% or over
Fines Related the Offense
  • IDRC Fee: $230
  • Alcohol Education and Rehabilitation Fund: $100
  • Drunk Driving Fund: $100
  • Neighborhood Services Fund: $75
  • Surcharges: $1000 per year for three years
First Offense with BAC of 0.08% or higher:
  • License suspended for three months
  • Imprison for a maximum of 30 days
  • Fine $250 to $400
  • Mandatory Intoxicated Driver Resource Center (IDRC) attendance for 12 to 48 hours
Fines Related to the Offense:
  • IDRC Fee: $230
  • Alcohol Education and Rehabilitation Fund: $100
  • Drunk Driving Fund: $100
  • Neighborhood Services Fund: $75
  • Surcharges: $1000 per year for three years
First DUI offense for less than 21 years old: If you are under the age of 21 and was caught driving under the influence of drugs or alcohol and with a blood alcohol concentration of 0.01% and over, you will face these fines:
  • The license will be suspended for 30 to 90 days
  • Community service for 15 to 30 days
  • Mandatory Alcohol and Highway Safety Education at the IDRC

Intoxicated Driver Resource Center (IDRC)

The state of New Jersey has many resource centers in each county for offenders. The time spends at these facilities will vary. Every offender must attend an alcohol and highway safety education program. During the program, each gets an evaluation for alcohol or drug problem. If treatment is needed, the individual must complete a minimum of 16 weeks in the assigned program.

Ignition Interlock Device (IID)

All DUI offenders with a BAC level of 0.15% or over must have an IID installed in their vehicle. The device is usually put in after the offender’s license was restored. The IID can sometimes remain in the vehicle from one to three years, depending on the offense.

Driver’s License Reinstatement

After the suspension is over, MVC will notify you by mail with a Notice of Restoration. Once you receive the information, you must pay $100 to restore your license. Upon approval, you must start the process of getting back your license by taking the written test. After passing it, then take the road test to get your driving privilege back.