DWI Fines and Penalties in NJ Updated by Kenneth Vercammen Esq. Edison,
NJ www.njlaws.com
A person who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above is considered to be driving under the influence. A person may also be found to be driving under the influence through officer observation or other evidence.
First Offense - BAC 0.08% but less than 0.10% or no reading
• 3 months driving privilege suspension
• $250-$400 fine
• 12-48 hours at intoxicated driver resource center (IDRC) • Maximum 30 days imprisonment
$75 to Neighborhood Services Fund
plus court costs
First Offense - BAC 0.10% or higher
• 7 months to 1 year driving privilege suspension • $300-$500 fine • 12-48 hours IDRC
• 30 days maximum imprisonment*
$75 to Neighborhood Services Fund
plus court costs
Car Interlock Machine: First Offense, DWI w/BAC level below 0.15% or no reading, Court may impose
• 6 months – 1-year installation of interlock device after restoration of driving privileges
First Offense, DUI w/BAC level 0.15% or above and 1st refusal convictions, Court shall impose
• installation of interlock device required during the term of suspension and
• 6 months - 1 year installation of interlock device after restoration of driving privileges
In addition to the court imposed fines and penalties, anyone convicted of DUI or chemical test refusal is subject to:
• an insurance surcharge of $1,000 a year for three years ($3,000) for the first and second conviction within a three- year period.
Plus 9 points on your car insurance
Second Offense DWI
• 2 years driving privilege suspension • $500-$1,000 fine
• 30 days community service
• 12-48 hours IDRC
• 48 hours - 90 days imprisonment*
Third Offense
• 10 years driving privilege suspension
• $1,000 fine
• 90 days maximum community service
• 12-48 hours IDRC • 180 days imprisonment*
Refusal of Breath Test:
First Offense
• 7 months to 1 year driving privilege suspension • $300-$500 fine • 12 hours minimum IDRC , plus most other penalties as first offense dwi
Second Offense
• 2 years driving privilege suspension •$500-$1,000fine •12hoursminimumIDRC , plus most other penalties as first offense DWI
Third and Subsequent Offenses
• 10 years driving privilege suspension
• $1,000 fine • 12 hours minimum IDRC , plus most other penalties as first offense dwi except no jail
DUI in School Zone or School Crossing
School Zone DWI
First Offense
• 12-24 months driving privilege suspension • $500-$800 fine • 60 days imprisonment
Second Offense
• 48 months minimum driving privilege suspension • $1,000-$2,000 fine
• 60 days community service
• 96 hours-180 days imprisonment*
Third Offense
• 20 years driving privilege suspension
• $2,000 fine • 180 days imprisonment
Test in School Zone or Crossing
Refusal IN SCHOOL ZONE
First Offense
• 1 to 2 years driving privilege suspension •$600-$1,000fine •12hoursminimumIDRC
Second Offense
• 4 years driving privilege suspension • $1,000-$2,000 fine • 12 hours minimum IDRC
Third and Subsequent Offenses
• 20 years driving privilege suspension
• $2,000 fine • 12 hours minimum IDRC
For persons under 21 (the legal age in NJ to purchase an alcoholic beverage) who consume an alcoholic beverage, then drive a vehicle when their BAC is 0.01% or more, but less than 0.08%, the penalties are:
Minimum
• 30-90 day driving privilege suspension if currently licensed; or • 30-90 day prohibition from becoming a licensed driver at age 17 years; and,
• 15-30 days mandatory community service; and
participation in an IDRC or other alcohol education; and completion of a highway safety program or
• a combination of the minimum sentences above and DUI sentences (see schedule)
Maximum
• DUI sentences (see schedule). If the BAC is 0.08% or higher, underage persons will receive DUI sentences as noted.
C
Car interlock machine requirements: The courts will require DUI and refusal offenders to install an ignition interlock device based on the number of past offenses. To operate the vehicle, the driver must blow into the device and also submit to random rolling tests while in operation. The vehicle will not start if the driver’s BAC level exceeds 0.05%.
First Offense, DUI w/BAC level below 0.15%, Court may impose
• 6 months – 1 year installation of interlock device after restoration of driving privileges
First Offense, DUI w/BAC level 0.15% or above and 1st refusal convictions, Court must require:
• installation of interlock device required during the term of suspension and
• 6 months - 1 year installation of interlock device after restoration of driving privileges
Second, Third & Subsequent Offenses for DUI and refusal convictions, Court shall impose
• installation of interlock device required during the term of suspension and
• 1 - 3 years installation of interlock device after restoration of driving privileges
Offenses that occurred after Jan 15, 2010 are no longer subject to suspension of registration privileges in lieu of interlock installation.
Failure to have an interlock device installed when ordered by a judge could result in an additional one year driving privileges suspension.
Mandatory Surcharges $$$$:
In In addition to the court imposed fines and penalties, anyone convicted of DUI or chemical test refusal is subject to:
• an insurance surcharge of $1,000 a year for three years ($3,000) for the first and second conviction within a three- year period.
• an insurance surcharge of $1,500 a year for three years ($4,500) for a third offense within a three-year period.
• a single $100 DUI enforcement surcharge that must be paid to the court with the required fine upon conviction.
The surcharges will be imposed on a New Jersey or an out- of-state conviction. Failure to pay the surcharge will result in indefinite suspension of all driving privileges and the filing of a judgment against any personal property.
No work DL or Conditional license
New Jersey does not have conditional or special work licenses. If a motorist does not have a valid driver license, or if a driving privilege is suspended for drunk driving or any other violation, a motorist may not drive for any reason until that privilege is restored.
• driving while unlicensed $100
• driving while suspended $250/Court or MVC imposed • failing to insure a MOPED $100
• operating an uninsured vehicle $250
24-Hour
Telephone Information and Assistance
For License Suspensions and Restorations
(609) 292-7500
For General Customer Information
(888) 486-3339 toll free in NJ (609) 292-6500 from out of state
A person who operates a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or above is considered to be driving under the influence. A person may also be found to be driving under the influence through officer observation or other evidence.
First Offense - BAC 0.08% but less than 0.10% or no reading
• 3 months driving privilege suspension
• $250-$400 fine
• 12-48 hours at intoxicated driver resource center (IDRC) • Maximum 30 days imprisonment
$230 IDRC fee
$100 to drunk driving fund
$100 to AERF$75 to Neighborhood Services Fund
plus court costs
First Offense - BAC 0.10% or higher
• 7 months to 1 year driving privilege suspension • $300-$500 fine • 12-48 hours IDRC
• 30 days maximum imprisonment*
$230 IDRC fee
$100 to drunk driving fund
$100 to AERF$75 to Neighborhood Services Fund
plus court costs
Car Interlock Machine: First Offense, DWI w/BAC level below 0.15% or no reading, Court may impose
• 6 months – 1-year installation of interlock device after restoration of driving privileges
First Offense, DUI w/BAC level 0.15% or above and 1st refusal convictions, Court shall impose
• installation of interlock device required during the term of suspension and
• 6 months - 1 year installation of interlock device after restoration of driving privileges
In addition to the court imposed fines and penalties, anyone convicted of DUI or chemical test refusal is subject to:
• an insurance surcharge of $1,000 a year for three years ($3,000) for the first and second conviction within a three- year period.
Plus 9 points on your car insurance
Second Offense DWI
• 2 years driving privilege suspension • $500-$1,000 fine
• 30 days community service
• 12-48 hours IDRC
• 48 hours - 90 days imprisonment*
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund Plus 9 points on your car insuranceThird Offense
• 10 years driving privilege suspension
• $1,000 fine
• 90 days maximum community service
• 12-48 hours IDRC • 180 days imprisonment*
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund Plus 9 points on your car insuranceRefusal of Breath Test:
First Offense
• 7 months to 1 year driving privilege suspension • $300-$500 fine • 12 hours minimum IDRC , plus most other penalties as first offense dwi
Second Offense
• 2 years driving privilege suspension •$500-$1,000fine •12hoursminimumIDRC , plus most other penalties as first offense DWI
Third and Subsequent Offenses
• 10 years driving privilege suspension
• $1,000 fine • 12 hours minimum IDRC , plus most other penalties as first offense dwi except no jail
DUI in School Zone or School Crossing
School Zone DWI
First Offense
• 12-24 months driving privilege suspension • $500-$800 fine • 60 days imprisonment
Second Offense
• 48 months minimum driving privilege suspension • $1,000-$2,000 fine
• 60 days community service
• 96 hours-180 days imprisonment*
Third Offense
• 20 years driving privilege suspension
• $2,000 fine • 180 days imprisonment
Test in School Zone or Crossing
Refusal IN SCHOOL ZONE
First Offense
• 1 to 2 years driving privilege suspension •$600-$1,000fine •12hoursminimumIDRC
Second Offense
• 4 years driving privilege suspension • $1,000-$2,000 fine • 12 hours minimum IDRC
Third and Subsequent Offenses
• 20 years driving privilege suspension
• $2,000 fine • 12 hours minimum IDRC
For persons under 21 (the legal age in NJ to purchase an alcoholic beverage) who consume an alcoholic beverage, then drive a vehicle when their BAC is 0.01% or more, but less than 0.08%, the penalties are:
Minimum
• 30-90 day driving privilege suspension if currently licensed; or • 30-90 day prohibition from becoming a licensed driver at age 17 years; and,
• 15-30 days mandatory community service; and
participation in an IDRC or other alcohol education; and completion of a highway safety program or
• a combination of the minimum sentences above and DUI sentences (see schedule)
Maximum
• DUI sentences (see schedule). If the BAC is 0.08% or higher, underage persons will receive DUI sentences as noted.
C
Car interlock machine requirements: The courts will require DUI and refusal offenders to install an ignition interlock device based on the number of past offenses. To operate the vehicle, the driver must blow into the device and also submit to random rolling tests while in operation. The vehicle will not start if the driver’s BAC level exceeds 0.05%.
First Offense, DUI w/BAC level below 0.15%, Court may impose
• 6 months – 1 year installation of interlock device after restoration of driving privileges
First Offense, DUI w/BAC level 0.15% or above and 1st refusal convictions, Court must require:
• installation of interlock device required during the term of suspension and
• 6 months - 1 year installation of interlock device after restoration of driving privileges
Second, Third & Subsequent Offenses for DUI and refusal convictions, Court shall impose
• installation of interlock device required during the term of suspension and
• 1 - 3 years installation of interlock device after restoration of driving privileges
Offenses that occurred after Jan 15, 2010 are no longer subject to suspension of registration privileges in lieu of interlock installation.
Failure to have an interlock device installed when ordered by a judge could result in an additional one year driving privileges suspension.
Mandatory Surcharges $$$$:
In In addition to the court imposed fines and penalties, anyone convicted of DUI or chemical test refusal is subject to:
• an insurance surcharge of $1,000 a year for three years ($3,000) for the first and second conviction within a three- year period.
• an insurance surcharge of $1,500 a year for three years ($4,500) for a third offense within a three-year period.
• a single $100 DUI enforcement surcharge that must be paid to the court with the required fine upon conviction.
The surcharges will be imposed on a New Jersey or an out- of-state conviction. Failure to pay the surcharge will result in indefinite suspension of all driving privileges and the filing of a judgment against any personal property.
No work DL or Conditional license
New Jersey does not have conditional or special work licenses. If a motorist does not have a valid driver license, or if a driving privilege is suspended for drunk driving or any other violation, a motorist may not drive for any reason until that privilege is restored.
Related
Offenses
|
Driving or riding with an open container
|
|
Offense
|
Fines
|
Community service
|
|
1st
|
$200
|
–
|
|
2nd
|
$250
|
10 days
|
|
Driving with a DUI suspension
|
|
License loss
|
Fines or surcharges
|
Prison term
|
|
Additional
1–2 years
|
$500 fine
$250/year (for 3 years) surcharge
|
10–90 days
|
|
Driving while possessing drugs
|
|
License loss
|
Fines or surcharges
|
|
2 years
|
Minimum $50 fine
|
|
Driving while possessing drugs
|
|
License loss
|
Fines or surcharges
|
|
2 years
|
Minimum $50 fine
|
Notes:
*IDRC -
Intoxicated Driver Resource Center
*AERF - Alcohol
Education and Rehabilitation Fund
Underage drinking
may cause a six-month delay in getting a license
Alcohol and
drug-related offenses require completion of an alcohol screening and evaluation
program
Failure to pay DUI surcharges will result in
Indefinite
suspension of driving privileges
Action filed in
State Superior Court by MVC. This may include securing a lien against your
property, garnishing your wages or other similar action
Other point and surcharge issues: Motorists
who incur six or more motor vehicle points are also subject to an insurance
surcharge of $150 for six points and $25 for each additional point. The point
surcharge will remain in effect as long as a motorist has six or more points on
their record for the immediate three-year period. MVC will suspend all driving
privileges indefinitely and take judgment action if the surcharge is not paid.
Other violations subject to a surcharge are: • driving while unlicensed $100
• driving while suspended $250/Court or MVC imposed • failing to insure a MOPED $100
• operating an uninsured vehicle $250
24-Hour
Telephone Information and Assistance
For License Suspensions and Restorations
(609) 292-7500
For General Customer Information
(888) 486-3339 toll free in NJ (609) 292-6500 from out of state
Ignition interlock device
If your license
was suspended for a DUI offense, the court may require you to get an ignition
interlock device to prevent a vehicle from starting if your BAC exceeds 0.05%.
Ignition interlock device requirements
First DUI offense: Installation of
interlock device for six months to one year upon restoration (judge's
discretion); BAC 0.15% or greater requires mandatory installation of ignition
interlock device during license suspension and for 6 months to 1 year following
restoration
Second DUI offense: Mandatory
installation of interlock device during license suspension and for 1 to 3 years
following restoration
Third DUI offense: Mandatory
installation of interlock device during license suspension and for 1 to 3 years
following restoration
If the court sentences you to get an interlock device, you will receive a
notice of suspension from MVC with instructions on how to obtain the device. IMPORTANT
NOTE: Failure to have an ignition interlock installed when ordered by a
judge could result in an additional one year driving privilege suspension.
|
Approved list of ignition interlock
manufacturers
|
|
|
Ignition interlock manufacturers have installation locations throughout
New Jersey. When selecting an ignition interlock provider, consider the
installation and monitoring fees and installation center site convenience.
|
|
|
Company
|
Contact/Website
|
|
Alcohol Detection Systems
1718 Belmont Avenue Suite E
Baltimore, MD 21244
|
1-888-STOP-DUI (888-786-7384)
|
|
Guardian Interlock Systems
228 Church St.
Marietta, GA 30060
|
(800) 499-0994
|
|
Best Labs
7301 West Blvd Suite A1
Boardman, OH 44512
|
(800) 219-9936
|
|
Intoxalock
10520 Hickman Road Ste F
Des Moines ,IA 50325
|
(877) 777-5020
|
|
1A Smart Start, Inc.
4950 Plaza Drive
Irving,TX 75063
|
(800) 880-3394
|
|
Draeger Safety Diagnostics
4040 W Royal Lane Suite 136
Irving, TX 75063
|
(856) 753- 9700
(800) 970-1002
|
|
LifeSafer
4290 Glendale Milford Road
Cincinnati, OH 45242-3704
|
(800) 475-7151
|
MVC
Ignition Interlock Device FAQs
When
I resided in New Jersey, I was issued a DUI but have since moved to another
state. I was told by the ignition interlock companies in the state where I now
live that I am not required to have the device installed on any vehicle. Is
this true? What should I do?
No, this is not true. Installation of the
interlock device is a condition for having your license restored in New Jersey.
Your privilege is suspended in New Jersey and will remain suspended until you
have satisfied all requirements for restoration. An interlock device needs to
be placed on any vehicle you operate in order for you to be restored. Failure
to do so will keep you suspended in NJ, which may prevent your new state from
issuing you a license. In order to comply with the interlock limitation
requirements while living in your current location, we suggest that you check
the MVC website for a list of manufacturer’s. Call each of the manufacturers to
find out which of them does business at a location near you. Go to that
location with your letter from the MVC and have the device installed on a
vehicle. Once the device is installed, mail copies of any receipt and other
documentation that you receive from the installer to Motor Vehicle Commission,
Driver Management Bureau, PO Box 134, Trenton, NJ, 08650, Attention: Interlock
Compliance.
I
am a student and currently do not own or operate a vehicle. What should I do?
If you do not plan to operate any vehicles
following your suspension term, you may obtain a non-driver ID by presenting 6
Points of Identification at any Motor Vehicle Agency. In order to restore your
driving privileges, you will need to provide the MVC with a service invoice and
a certification of interlock installation to prove installation of an ignition
interlock device on any vehicle you will be operating. The vehicle does not
need to belong to you.
What
happens if I don’t have the interlock device installed on a vehicle?
Failure to install a court ordered ignition
interlock device a vehicle you operate may result in an additional one year
driving privilege suspension.
I
called the MVC’s 7500 phone line and was told there is an entry saying
“Interlock Limitation during Suspension,” which means I have to have an
interlock device on my vehicle during my suspension time. Is this true?
Yes. As required by New Jersey statute, a
judge may order an interlock limitation during and after the suspension term.
Last
Updated: 08/05/2014
I
have two interlock suspensions on my record from two different DWI suspensions.
One is for one hundred eighty days (180) and the second is for seven hundred
thirty (730) days. How much time am I required to keep the interlock device on
my vehicle?
If both interlock terms are sent in as
consecutive terms you will serve the combined term, ex; nine hundred ten days
(910). If one or both are concurrent the maximum term is how long the interlock
device will remain on your vehicle.
Can
I have the suspension order changed if I don’t have a vehicle to put the
interlock device on?
The MVC does not have the authority to
modify a court order. You were sentenced to the interlock installation in
accordance with the statutes of the State of New Jersey. The interlock device
must be installed on every vehicle you intend to operate. If you do not have
access to or plan to operate any vehicle, it is not necessary to restore your
New Jersey driving privilege.
What
happens if I have the interlock device removed before my interlock requirement
time is over? For example, my vehicle was totaled in an accident or if was
impounded or sold?
You must have the interlock device removed
from your vehicle and return the unit to your interlock provider. The interlock
provider will then notify the MVC that the device was removed. The MVC will
send you a letter explaining that your driving privilege will be suspended
until you provide another interlock certificate as proof that an interlock
device has been installed on a vehicle. The vehicle that you have an interlock
device installed on must be the vehicle that you will principally operate
during the term of the court order. You may not legally operate any vehicle
without an interlock device installed for the entire term of the court order.
Can
I have an interlock device installed on my motorcycle?
No. None of our approved installers provide
interlock devices for motorcycles.
What
happens if I cannot operate the interlock device due to a medical condition?
You must contact your physician and get a
detailed note explaining your condition and why you are unable operate the
interlock device. Then present the note to you interlock manufacturer who will
forward the note to MVC for consideration.
Last
Updated: 08/05/2014
I
have met all my other restoration requirements except certifying that the
ignition interlock requirement has been installed. What is my next step?
After the approved ignition interlock device
has been installed, you will receive a Certificate of Installation of an
approved ignition interlock device. You must present the Certificate along with
the installation work order in person at a Motor Vehicle Commission Full
Service Agency.
Last
Updated: 08/05/2014
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