In New Jersey, a person is guilty of drunk driving if he/she operates a motor vehicle with a Blood Alcohol
Concentration (BAC) of 0.08 percent or greater. BAC refers to the amount of alcohol in your blood. Although the
law refers to a 0.08 percent BAC, you can be convicted of driving while under the influence of intoxicating liquor
even when your BAC is below 0.08 percent. Consuming even small amounts of alcohol dulls the senses,
decreases reaction time, and hampers judgement, vision and alertness. If you consume any amount of alcohol
and your driving is negatively impacted, you can be convicted of drunk driving. It is also a violation for a
person to operate a motor vehicle under the influence of a narcotic, hallucinogenic or habit producing drug.
You can also be convicted for allowing another person to operate a motor vehicle when that person does so in
violation of the driving while intoxicated (DWI) law. What follows is a summary of the penalties that result when a
person is convicted of violating New Jersey’s DWI law.
The Penalties
1st Offense
Under New Jersey Law (P.L. 2003, CHAPTER 314), if an offender’s BAC is 0.08 percent or higher, but less than
0.10 percent, or if an offender permits another person with a BAC over 0.08 percent, but less than 0.10 percent
to operate a motor vehicle, the penalties are:
A fine of $250-$400*
Imprisonment for up to 30 days*
3-month license suspension*
A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
An automobile insurance surcharge of $1,000 a year for 3 years
If the offender’s BAC is 0.10 percent or higher, or the person operates a motor vehicle while under the influence
of a narcotic, hallucinogenic or habit-producing drug, or permits another person with a BAC of 0.10 percent to
operate a motor vehicle, the penalties are:
A fine of $300-$500*
Imprisonment for up to 30 days*
A license suspension between 7 months and 1 year*
A minimum of six hours a day for two consecutive days in an Intoxicated Driver Resource Center
An automobile insurance surcharge of $1,000 a year for 3 years
Offenders with a BAC of 0.15 percent or higher must install an ignition interlock device in any vehicle they
principally operate during the license suspension period and for a period of 6 months to 1 year after
license restoration.
2nd Offense
A fine of $500-$1,000*
Imprisonment of at least 48 consecutive hours, and up to 90 days*
2-year license suspension*
48 consecutive hours detainment in a regional Intoxicated Driver Resource Center
An automobile insurance surcharge of $1,000 a year for 3 years
Installation of an ignition interlock device for a period of 1 year to 3 years after license restoration
3rd Offense
A fine of $1,000*
Imprisonment of 180 days*
10-year license suspension*
Detainment in an in-patient alcoholism treatment program
A fee to be paid to the Intoxicated Driver Resource Center dependent upon court sentence
An automobile insurance surcharge of $1,500 a year for 3 years
Installation of an ignition interlock device for a period of 1 year to 3 years after license restoration
