The state of New Jersey takes driving under the influence (DUI or DWI) very seriously and has imposed harsh penalties on people who break the law. If you are caught driving under the influence of intoxicants or with a blood alcohol concentration (BAC) of 0.08% or higher, you will be cited for (DUI). If you are under 21 years old the legal limit is 0.0.01%. For CDL drivers the limit is 0.04%.
The laws in NJ are quite complex when dealing with a DUI or DWI charges. Not to mention surcharges, points and other penalties given out by the Motor Vehicle Commission.
One of the most important things to know is that New Jersey, like many other states, has an implied consent law. This law requires you to take a breath test. If you refuse and are detained, a blood sample may be taken, and you'll be subject to penalties. If you refuse a chemical test you will lose your license for 7 to 12 months and have to pay a fine from $300 to $500.
The Penalties
The following are the penalties for driving under the influence; they vary according to BAC level and how many times you've been caught:
First offense with BAC of 0.08% but less than 0.10%:
- License suspension: 3 months.
- Imprisonment: Maximum 30 days.
- Fine: $250 to $400.
- Intoxicated Driver Resource Center (IDRC): Mandatory 12 to 48 hours.
- Intoxicated Driver Resource Center (IDRC) Fee: $230.
- Alcohol Education and Rehabilitation Fund Fee: $100
- Drunk Driving Fund: $100
- Neighborhood Services Fund: $75
- Surcharges: $1,000 per year for 3 years.
First offense with BAC of 0.10% or higher:
- License suspension: 7 to 12 months.
- Imprisonment: Maximum 30 days.
- Fine: $300 to $500.
- Intoxicated Driver Resource Center (IDRC): Mandatory 12 to 48 hours.
- Intoxicated Driver Resource Center (IDRC) Fee: $230.
- Alcohol Education and Rehabilitation Fund Fee: $100
- Drunk Driving Fund: $100
- Neighborhood Services Fund: $75
- Surcharges: $1,000 per year for 3 years.
- Ignition Interlock Device (IID): 6 months to 1 year after license is restored if BAC was 0.15% or over.
First offense DUI under 21 years old :
If you are under 21 years old and you drive with a BAC of anything over 0.01% you may face all of the fines and imprisonments times above and:
- License suspension: 30 to 90 days.
- Community service: 15 to 30 days.
- Mandatory Alcohol and Highway Safety Education with IDRC.
If you are not licensed and under 17 years old at the time of the charges your license processing may take an additional 30 to 90 days.
Second offenses carry harsher imprisonment times as well as higher fines.
