New Jersey DWI & Distracted Driving Laws

DWI laws in New Jersey

In New Jersey, a DWI is defined as operating a motor vehicle while under the influence of liquor, a narcotic or a habit-producing drug. You can be convicted solely based on an observation that there was a substantial deterioration of your mental and physical capabilities to drive.

Driving while intoxicated is considered a traffic offense in New Jersey, not a criminal offense, though the penalties and fines increase as the number of offenses increase. If the offense took place in a school zone, some fines and penalties may be increased.

First offense

If your blood alcohol content (BAC) is .08 or more but less than .10, you could get:

• A $250 to $400 fine.
• No more than 30 days in jail.
• Driver's license suspension for three months.
• If you're under 17, the suspension will run through your 17th birth date and then for three months.
• Possible probation.
• Completion of an intoxicated driving program.
• You may have to install an ignition interlock on your vehicle for not less than six months and no more than one year.

First offense

If your BAC is .10 or higher or you're under the influence of drugs, you may face:

• A $300 to $500 fine.
• Up to 30 days in jail.
• License suspension not less than seven months and not more than one year.
• If you're under 17, the suspension will run through your 17th birth date and then no less than seven months and not more than one year.
• The court may order a supervised visitation program.
• Completion of an intoxicated driving program.
• You may have to install an ignition interlock on your vehicle for not less than six months and no more than one year.

Second offense

If your second offense happened within 10 years of a prior conviction (including foreign convictions), you may face:

• A $500 to $1,000 fine.
• Jail for not less than 48 consecutive hours and no more than 90 days.
• 30 days of community service.
• Driver's license suspension for two years.
• If you're under 17, the suspension will run through your 17th birth date and then for two years.
• You may order a supervised visitation program.
• Completion of an intoxicated driving program.
• Installation of an ignition interlock for not less than one year and no more than three years.

Third or subsequent offense

If your third or subsequent offense happened within 10 years of a prior conviction (including foreign convictions), you may face:

• A $1,000 fine.
• Jail for not less than 180 days, although the court may lower this to time spent in an approved inpatient facility.
• Driver's license suspension for 10 years.
• If you're under 17, the suspension will run through your 17th birth date and then for 10 years.
• The court may order a supervised visitation program.
• Completion of an intoxicated driving program.
• Installation of an ignition interlock for not less than one year and no more than three years.

Refusal to submit to chemical breath testing in New Jersey

New Jersey has an implied consent law, meaning every driver must consent to a chemical breath test. If the offense takes place in a school zone, fines and penalties can increase. If you refuse to take the test, you may face the following fines and penalties.

First offense

• A $300 to $500 fine.
• License suspension not less than seven months and not more than one year.
• A referral to the intoxicated driving resource center.

Second offense

• A $500 to $1,000 fine.
• License suspension for two years.

Third or subsequent offenses

• A $1,000 fine.
• License suspension for 10 years.

DWI penalty source: The State of New Jersey Department of Law & Public Safety and National Conference of State Legislatures

Distracted driving laws in New Jersey