How much do you have to drink (BAC*) for a DUI/DWI in New Jersey?

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

What if you refuse to take a chemical test in New Jersey?

New Jersey has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about New Jersey’s implied consent law.

What is the minimum jail time?

Lookback Period: 10 years (Period of time that prior DUI/DWIs are relevant for sentencing. Also known as a “washout” period.)

Can you plead to a lesser offense than DUI/DWI in New Jersey?

A defendant might receive a "wet reckless," or a conviction of reckless driving involving alcohol, as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. There is no statutory provision on whether a wet reckless plea bargain will be accepted in New Jersey, but it's possible a lawyer may be able to create a plea bargain for you.

First NJ DWI Offense

1st Drunk Driving Conviction

• Jail – Up to 30 Days
• Fine – From $250-$400
• Fine – From $300-$500 (Blood Alcohol Level .10 or Above)
• License Suspension – 3 Months
• License Suspension – 7 Months to 1 Year (Blood Alcohol Level .10 or Above)
• Ignition Interlock Possible
• Other DWI Fees - $525 Minimum
• Automobile Insurance Surcharge - $1,000 for 3 Years
• Attend Intoxicated Driver Resource Center – 2 Days at 6 Hours per Day

More Information: First Offense DWI/DUI in New Jersey

Second NJ DWI Offense

2nd Drunk Driving Conviction

• Jail – Up to 90 Days
• Fine – From $500-$1,000
• License Suspension – 2 Years
• Other DWI Fees - $525 Minimum
• Ignition Interlock Possible
• Automobile Insurance Surcharge - $1,000 for 3 Years
• Community Service – 30 Day

More Information: Second Offense DWI/DUI in New Jersey

Third NJ DWI Offense

3rd Drunk Driving Conviction

• Jail – Up to 180 Days
• Fine – $1,000
• License Suspension – 10 Years
• Ignition Interlock Possible
• Other DWI Fees - $525 Minimum
• Automobile Insurance Surcharge - $1,500 for 3 Years

All drunk driving arrests also carry the following penalties.

• $100 Surcharge for the drunk driving enforcement fund.
• $100 Motor Vehicle Restoration Fee.
• $100 Violent Crimes Compensation fee.
• $100 Intoxicated Driver Program Fee.
• $100 State and Municipality Fee.

More Information: Third Offense DWI/DUI in New Jersey

The Court may order you to install an Ignition Interlock Device, on your vehicle, at your own expense when your drivers license suspension is completed.

New DUI Laws in New Jersey

New Jersey imposed the installation of an IID on the car of anyone convicted of a DUI who has restricted driving privilege. The device must be installed and maintained for the duration of the restricted privilege.

Also in July, 2010, New Jersey’s state Supreme Court ruled that non-English speaking drivers should be provided a translation of the statement of consequences for those who refuse an alcohol breath test.

Drinking and Driving Laws in New Jersey

New Jersey Drunk Driving and Wet Reckless Laws - Nolo.com

In the State of New Jersey it is illegal to operate a motor vehicle when your blood alcohol concentration (BAC) is .08 percent or above. The .08 limit is the standard measurement of the legally "impaired" driver across the United States. New Jersey has lower BAC limits for drivers of commercial vehicles and minors under the age of 21. The State of New Jersey also has laws that prohibit driving under the influence of drugs and driving while possessing drugs. The penalties for possessing and driving with drugs are similar to driving under the influence of alcohol.

How many drinks does it take to reach the legal limit in New Jersey?

Predicting how many drinks it will take you to reach the .08 percent BAC limit with certainty is almost impossible. There are charts and calculators that can provide a reasonable reference based on body weight and the amount of time that has passed between drinks, but there are other variables that these devices do not consider that could also impact your BAC score.

The best answer is not to drink and drive . The State of New Jersey has strict laws for drunk driving, and when you drink and drive in New Jersey, you risk your freedom, finances and your future.

The first time you are convicted of drunk driving in New Jersey you will be fined between $250 and $400. Your license will be suspended for up to 3 months and you would face up to 30 days in jail. You will also have to spend a minimum of 6 hours a day for 2 consecutive days in an intoxicated driver resource center. You will also have to pay an automobile insurance surcharge of $1,000 a year for the following 3 years.

The second arrest and conviction for drunk driving in the State of New Jersey will cost you between $500 and $1,000 for the initial fine. You will also be imprisoned for up to 90 days and have your license suspended from 7 months to 1 year. You will also have to spend a minimum of 6 hours a day for 2 consecutive days in an intoxicated driver resource center and pay an automobile insurance surcharge of $1,000 a year for the following 3 years.

The 3rd time you are arrested in New Jersey for drunk driving you will be fined $1,000. Your drivers license will be suspended for 10 years and you will spend 180 days in Jail. You will also be ordered to pay an automobile insurance surcharge of $1,500 a year for the following 3 years.

Drunk Driving Laws in New Jersey

State of New Jersey BAC Laws:

• All drivers with a BAC of .08 or higher.
• Under 21 with a BAC of .01 or ANY Detectable Amount of Alcohol
• Commercial Vehicle Driver with a BAC of .04 or higher.

The Implied Consent Law in New Jersey

The State of New Jersey implied consent law means that all drivers that travel on the roadways of the State consent to submitting a chemical test of their blood, breath or urine if an officer of the law suspects that the driver is intoxicated. If you refuse to submit to this test your drivers license will be suspended for up to 1 year on your first refusal and you will be fined from $250-$500. Your drivers license will be suspended for 2 years for a second refusal and 10 years for a 3rd refusal.

State of New Jersey DUI Pamphlet

Other New Jersey Information on this Website

New Jersey Teen Driving Laws & Insurance Requirements

New Jersey Hands - Free Driving Laws