New Jersey DWI/DUI Laws and Conviction Penalties

In New Jersey, driving while intoxicated (DWI), also called "DUI," carries serious penalties. The severity of these penalties generally depends on the number of prior convictions. This article covers New Jersey's DWI laws and the consequences you'll face for a first, second, and third conviction.

New Jersey's DWI/DUI Law

New Jersey prohibits the operation of a motor vehicle while under the influence of alcohol or drugs or with a blood alcohol content (BAC) of .08% or greater. Also, a vehicle owner can get a DWI conviction for permitting an intoxicated person to operate the owner’s vehicle. (N.J. Ann. § 39:4-50.)

How New Jersey's DUI Law Defines "Operation" of a Vehicle

A person can be convicted of DWI for operating or attempting to operate a vehicle under the influence. For a conviction, there must be evidence of intent to drive (actual physical control and overt action), but there doesn’t need to be actual movement of the vehicle. (State v. Mulcahy, 527 A.2d 368 (N.J. 1987).)

How New Jersey's DUI Law Defines "Under the Influence"

Drivers are prohibited from being under the influence of intoxicating liquors, narcotics, hallucinogens, or habit-producing drugs. “Under the influence” is defined as a “substantial deterioration or diminution of the mental faculties or physical capabilities” from alcohol or drugs. (State v. Tamburro, 346 A.2d 401 (1975).)

New Jersey's Definition of "DWI Per Se"

A driver can be convicted of DWI without proof of actual intoxication if the driver’s BAC is .08% or more. This is called a “per se DWI.”

Penalties for First, Second, and Third DWI Offenses

The main factor determining the possible penalties for a DWI conviction is the number of prior convictions. An offense that occurs more than 10 years after a first offense will be penalized as a first offense. A third offense where none of the priors were within the last 10 years will be penalized as a second offense.

Penalties for a First DWI Conviction

For a first DWI conviction, the driver will generally face:

• up to 30 days in jail
• $250 to $400 in fines
• 12 to 48 hours in New Jersey's Intoxicated Driver Resource Center (IDRC) Program (which includes a drug and alcohol screening and evaluation), and
• a license revocation until the driver installs an ignition interlock device (IID).

(N.J. Stat. § 39:4-50 (2025).)

However, for first offenses involving drug impairment or a BAC of .10% or more, the fines are $300 to $500. If the offense involved drug impairment, the license revocation is 7 to 12 months. (N.J. Stat. § 39:4-50 (2025).)

Penalties for a Second DWI Conviction

For a second DWI conviction, the driver will generally face:

• 48 to 90 days in jail
• $500 to $1,000 in fines
• having to complete the IDRC Program, and
• a license revocation period of one to two years.

Second offenders are also required to complete 30 days of community service. (N.J. Stat. § 39:4-50 (2025).)

Penalties for a Third DWI Conviction

For a third DWI conviction, the driver will generally face:

• 180 days in jail
• $1,000 in fines
• having to complete the IDRC Program, and
• a license revocation period of eight years.

(N.J. Stat. § 39:4-50 (2025).)

Administrative Penalties for a New Jersey DWI

In addition to the penalties above, a DWI conviction will result in administrative penalties. And a driver who refuses testing can face license revocation even without a DWI conviction.

License Revocation for Refusing a Breathalyzer Test in New Jersey

Under New Jersey's implied consent laws, drivers on public roads or “quasi-public areas” are deemed to have given consent to a blood or breath test. (N.J. Stat. § 39:4-50.2 (2025).)

A driver who unlawfully refuses a breathalyzer test will face the following consequences:

• First offense: seven-month to one-year license revocation and $300 to $500 in fines.
• Second offense: one- to two-year license revocation and $500 to $1,000 fines.
• Third offense: eight-year license revocation and $1,000 fine.

(N.J. Stat. § 39:4-50.2 (2025).)

Generally, the revocation periods for a test refusal and a DWI conviction will run consecutively (back-to-back), but the judge can permit the suspensions to run concurrently (at the same time) on a first offense. For a second or subsequent refusal, the refusal revocation and DWI periods will run consecutively. (N.J. Stat. § 39:4-50.2 (2025).)

New Jersey's Ignition Interlock Device Requirements

For DWIs involving only alcohol, the court will order the installation of an IID in lieu of suspension. The IID period for a first offense depends on the BAC recorded and will range from 3 to 15 months. An IID must be maintained for two to four years after the initial license revocation period for a second or subsequent offense. (N.J. Stat. § 39:4-50.17 (2025).)

New Jersey's Insurance Surcharges for DWI Convictions

A driver who refuses testing or is convicted of DWI will be required to pay an annual insurance surcharge for three years. For a first or second offense, the surcharge is $1,000 annually ($3,000 total). The surcharge for a third or subsequent offense is $1,500 annually ($4,500 total). (N.J. Stat. § 17:29A-35 (2025).)

How New Jersey's DUI Laws Apply to Underage Drivers

New Jersey drivers who are younger than 21 are prohibited from having a BAC of .01% or more. Any underage driver with a BAC of .01% to .08% will face 30 to 90 days of license revocation, 15 to 30 days of community service, and participation in the IDRC or a similar treatment program. (N.J. Stat. § 39:4-50.14 (2025).)

Getting Help From an Attorney

If you've been arrested for driving under the influence, you should talk to a qualified DWI attorney. DWI laws are complicated, and the consequences of a conviction are serious. An experienced DWI lawyer can review your situation and help you decide on the best course of action.