New Jersey DUI Laws
A New Jersey DUI conviction is a serious matter that can have significant effects on your personal and professional life. The charges and penalties associated with a New Jersey DUI conviction vary based on many factors such as the age of the driver, the number and type of prior offenses (e.g., refusal of chemical test), the blood alcohol content (BAC) and whether there were minor passengers in the vehicle. Possible penalties upon conviction include mandatory license suspensions, installation of interlock devices, the revocation of your motor vehicle registration, fines, surcharges, mandatory drug and alcohol education, and more.
When facing a New Jersey DUI charge, it is important to have an attorney who will pursue a vigorous defense. A DUI charge can be challenged in many ways, i.e., subjected to many questions, such as whether there was a proper traffic stop, if there was probable cause to believe that the driver was intoxicated, if the driver was actually operating the vehicle, if the breath test results were credible and many other possible defenses. If you have been charged with a New Jersey DUI, contact an attorney today.
Even if you have been convicted of a New Jersey DUI, you may be eligible for post-conviction relief. Some of the reasons you might be eligible for post-conviction relief include excessive sentencing, lack of jurisdiction and ineffective assistance of counsel. However, post-conviction relief is only available for a few years after the conclusion of the case, so it is important to consult a New Jersey DUI attorney as soon as possible.
New Jersey DUI/DWI Laws and Penalties
State and federal laws in the United States are constantly changing. The following guide is intended solely for informational purposes and should not take the place of the advice of a lawyer. Only a qualified attorney can assess the merits of your case completely and provide an effective plan for counsel.
Blood Alcohol Content/Concentration ("BAC")
New Jersey BAC laws may differ from those of other states, as follows.
| New Jersey BAC Laws | |
| Per Se Violation | BAC of .08 to .099 |
| Enhanced Penalty | .10 or higher |
| "Zero Tolerance" (BAC for someone under 21) | .01 or higher |
| Commercial Driver's License Holder* | .04 or higher (while operating a commercial vehicle) |
| Implied Consent to Submit to a BAC Test |
|
Criminal Court Conviction - Mandatory Fines and Penalties
(Penalties imposed by the criminal court system)
| First DUI/DWI Offense - Per Se Violation (.08 to .099) | |
| License Suspension | 3 months (no conditional license) |
| Prison Term and Community Service | Up to 30 days in jail; no community service |
| Fines, Fees, and Surcharges | Approx. $3,755 or higher** |
| Vehicle Penalties | Potential impound or confiscation |
| Drug and Alcohol Education, Assessment and Treatment | Mandatory 12-48 hours with Intoxicated Driver Resource Center; possible treatment |
| First DUI/DWI Offense - Enhanced Penalty (.10 or higher) | |
| License Suspension | 7 months to 1 year (no conditional license) |
| Prison Term and Community Service | Up to 30 days in jail; no community service |
| Fines, Fees, and Surcharges | Approx. $3,805 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory 12-48 hours with Intoxicated Driver Resource Center; possible treatment |
| Second DUI/DWI Offense (within 10 years of 1st offense) | |
| License Suspension | 2 years (no conditional license) |
| Prison Term and Community Service | 48 hours to 90 days in jail; 30 days community service |
| Fines, Fees, and Surcharges | Approx. $4,055 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory 12-48 hours with Intoxicated Driver Resource Center; possible treatment |
| Third DUI/DWI Offense (within 10 years of 2nd offense) | |
| License Suspension | 10 years (no conditional license) |
| Prison Term and Community Service | 180 days in jail; up to 90 days community service |
| Fines, Fees, and Surcharges | Approx. $6,055 or higher** |
| Vehicle Penalties |
|
| Drug and Alcohol Education, Assessment and Treatment | Mandatory 12-48 hours with Intoxicated Driver Resource Center; possible treatment |
| Aggravating Factors that Can Alter DUI/DWI Penalties*** |
| Vehicular Manslaughter |
| Driving with Children in the Car |
| Higher BAC (above the enhanced penalty) |
| Zero Tolerance DUI/DWI |
| Driving While Under the Influence of Drugs |
| Out-of-State DUI/DWI Convictions |
| Reckless Driving/Accident |
*Restrictions can be placed on a commercial driver's license for any DUI/DWI (even those received while driving non-commercial vehicles).
**Includes only fines, fees, and surcharges imposed by the court upon conviction; excludes court costs, attorneys' fees, mandatory treatment costs, bail, and increased insurance.
***A variety of factors in your specific DUI/DWI situation can alter your penalties beyond what is set out in law. This chart lists some of these aggravating factors.
Sources: Insurance Institute for Highway Safety, Governors Highway Safety Association, New Jersey Department of Motor Vehicles