Understanding A NJ DWI Second Offense

DUI: Driving Under the Influence

The only scientific way to determine whether a driver is under the influence is through blood alcohol concentration (BAC). Your BAC can be tested with a simple Breathalyzer test.

In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI).

Being convicted of a DUI is a serious offense, carrying heavy penalties including:

  • Fines, fees and surcharges
  • License suspension
  • Ignition interlock device
  • Jail time
  • Community service


Mandatory fines and penalties


Alcohol or drug related DUI with BAC of 0.10% or greater
License loss
Fines, fees & surcharges
Prison term
Community service, IDRC & Interlock
7 months–
1 year
$300–$500 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days
12–48 hours IDRC*
BAC 0.15% or greater: ignition interlock device during license suspension and 6 months - 1 year following restoration



Alcohol or drug related DUI with BAC greater than 0.08% but less than 0.10%
License loss
Fines, fees & surcharges
Prison term
Community service, IDRC & Interlock
3 months
$250–$400 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days
12–48 hours IDRC*



Repeated DUI convictions
Offense
License loss
Fines, fees & surcharges
Prison term
Community service, IDRC & Interlock
2nd offense within 10 years
2 years
$500–$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
48 hours–
90 days
30 days CS
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration
3rd offense within 10 years of 2nd offense
10 years
$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
180 days
Up to 90 days CS (can reduce period of imprisonment)
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration



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
  • (Source: http://www.state.nj.us/mvc/Violations/dui.htm )

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