New Jersey DWI Information

What Happens To First Time Offenders?

New Jersey First Offender

You are DWI in New Jersey if your blood alcohol content (BAC) is .08% or higher.

DWI First Offense Penalties If Convicted

Jail

At the discretion of the Court, a possible term of imprisonment of not more than 30 days.

Fines/Fees

Not less than $250 nor more than $400. Plus, a New Jersey DMV Surcharge of $1,000 per year for three years. Insurance company surcharges are additional.

License Suspension

If BAC is under 0.10%, suspension is 3 months. If BAC is 0.10% or greater, suspension is 7-12 months.

Assessment/Education

First offenders must attend 12 hours of alcohol education classes at the Intoxicated Driver Resource Center. These classes cost $150.

First offense committed in school zone

Jail: Up to 60 days

Fine: $500 to $800

License Suspension: Minimum of one year; up to two years.

Intoxicated Driver Resource Centers

These centers, located in each county are supposed to have the capability of serving as community treatment referral centers and as court monitors of a person's compliance with the ordered treatment, service alternative or community service.

Test Refusal

If you refuse a breath, blood, or urine test, your license will be suspended for a period of 7-12 months.

Under 21

If you are under 21 with a blood alcohol concentration of 0.01% or more, but less than 0.08%, you will lose your license or be prohibited from obtaining a license for a period of 30 to 90 days, and you will perform community service for a period of not less than 15 or more than 30 days.

In addition, you must satisfy the program and fee requirements of an Intoxicated Driver Resource Center or participate in a program of alcohol education and highway safety (see above).

State Surcharges and Separate Insurance Company Surcharges

The Division of Motor Vehicles must also impose a mandatory insurance surcharge of $3,000. In addition, your insurance company will surcharge you separately and your insurance carrier may drop you. The rates for family members and sometimes your employer can increase as well.

More Serious Charges

You may be charged with a felony if you are involved in a crash involving serious injury or death.