New Jersey DWI

New Jersey DWI law (N.J.S.A. 39:4-50(a) Driving While Intoxicated) is when a person operates a motor vehicle while under the influence of alcohol, drugs, or a combination of both. The state of intoxication in New Jersey is described as a "substantial deterioration or diminution of the mental faculties or physical capabilities. In New Jersey you can be convicted of DWI solely on the evidence gathered from the NJ police officer observing your mental state and behavior.

In addition, the state of New Jersey also includes a 2nd charge, commonly referred to as the 'per se' law. This makes it a crime to operate a motor vehicle with a blood alcohol concentration (BAC) at or above .08%. New Jersey does not require any physical proof of intoxication beyond a chemical test reading .08% or greater to be convicted on this charge. No evidence of intoxication is required beyond the chemical test.

New Jersey DWI Punishments (N.J.S.A. 39:4-50)

Summary of the punishments you face:

First Offense DWI

BAC Between .08% - .10% (N.J.S.A. 39:4-50(a)(1)(i.)

• Fine:  $250-$400
• Jail:  Max 30 days
• Drivers License Suspension:  3 months
• Community Service:  none
• Ignition Interlock Device:  The courts may order 6 months to 1 year after driving privileges are restored

BAC Greater Than .10% (N.J.S.A. 39:4-50(a)(1)(ii.)

• Fine:  $300-$500
• Jail:  Max 30 days
• Drivers License Suspension:  7 months up to 1 year
• Community Service:  none
• Ignition Interlock Device:  The courts may order 6 months to 1 year after driving privileges are restored

Second Offense DWI

(N.J.S.A. 39:4-50(a)(2)

• Fine:  $500-$1000
• Jail:  48 consecutive hours - 90 days max
• Drivers License Suspension:  2 years
• Community Service:  30 days
• Ignition Interlock Device:  1-3 years after driving privileges restored OR revocation of registration and license plates for 2 years

Third Offense DWI

(N.J.S.A. 39:4-50(a)(3)

• Fine:  $1000
• Jail:  not less than 180 days (court has discretion to lower based on inpatient alcohol treatment programs)
• Drivers License Suspension:  10 years
• Community Service:  none.  Probation requirements however may include community service obligations
• Ignition Interlock Device:  1-3 years after driving privileges restored OR revocation of registration and license plates for 10 years

Note: The look back period for New Jersey DWI offenses is 10 years. Meaning if you have more than 1 DWI offense within ten years the latter is classified as a 2nd offense.

Working with a New Jersey DWI attorney can help you get the least possible amount of penalties including lesser drivers license suspension time and fines.  

Click here for a free discussion with one of our skilled aggressive New Jersey DWI lawyers .

Insurance Considerations for a New Jersey DWI

New Jersey DWI offenses are serious offenses with some pretty serious consequences.  Another ongoing consequence not mentioned above is the need to maintain high risk auto insurance, SR22 insurance, for a period of 3 years after a DWI conviction in New Jersey.

DUI Arrest Help.com has partnered with the largest and most trusted provider in the state of New Jersey to offer you a free no obligation SR-22 insurance quote.  Not only will you save money but our partner also leads the insurance industry in customer service. 

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