DWI FINES AND PENALTIES
The only scientific way to determine whether a driver is under the influence is through blood alcohol concentration (BAC). Your BAC can be tested with a simple Breathalyzer test.
In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI).
Being convicted of a DUI is a serious offense, carrying heavy penalties including:
• Fines, fees and surcharges
• Jail time
• Community service
In addition, insurance companies will charge surcharges for three years following your right to begin driving again.
Mandatory fines and penalties for N.J.S.A 39:4-50
Alcohol or drug related DUI with BAC greater than 0.08% but less than 0.10%
License loss Fines, fees & surcharges Prison term Community service
requirement
3 months $250–$400 fine Up to 30 days 12–48 hours IDRC*
$75/day IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$50 to VCCB
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Alcohol or drug related DUI with BAC of 0.10% or greater
License loss Fines, fees & surcharges Prison term Community service
requirement
7 months–1 year $300–$500 fine Up to 30 days 12–48 hours IDRC*
$75/day IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$50 to VCCB
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Repeated DUI convictions
Offense License loss Fines, fees & surcharges Prison term Community service
requirement
2nd offense 2 years $500–$1,000 fine 48 hours– 30 days and
w/in 10 years $100/day IDRC* fee 90 days 12–48 hours IDRC*
$100 to drunk driving fund
$100 to AERF*
$50 to VCCB
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
3rd offense 10 years $1,000 fine 180 days Up to 90 days
within 10 years $100/day IDRC* fee (can reduce period of
of 2nd offense $100 to drunk driving fund imprisonment) and
$100 to AERF* 12-48 hours IDRC*
$50 to VCCB
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Related Offenses
Driving or riding with an open container
Offense Fines Community service
1st $200 –
2nd $250 10 days
Driving during suspension for DWI, refusing chemical test or habitual offender
Offense License loss Fines or surcharges Prison term
1st Additional $1,000 fine 10-90 days
1–2 years $250/year (for 3 years) surcharge
2nd Additional $1,250 fine 10-90 days
1-2 years $250/year (for 3 years) surcharge
3rd Additional $1,500 fine 10-90 days
1-2 years $250/year (for 3 years) surcharge
Driving while possessing drugs
License loss Fines or surcharges
2 years Minimum $50 fine
Notes:
• *IDRC - Intoxicated Driver Resource Center
• *AERF - Alcohol Education and Rehabilitation Fund
• Underage drinking may cause a six-month delay in getting a license
• Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program
Failure to pay DUI surcharges will result in
• Indefinite suspension of driving privileges.
• Action filed in State Superior Court by MVC. This may include securing a lien against your property, garnishing your wages or other similar action.
