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2021 NJ DWI Penalty Schedule

Blood Alcohol Content of .08% but Less than .10%, or Operation Under the Influence by Observation of Officers:

  • $250-$400 Fine

  • $356 State Assessments

  • Up to $33 Court Costs

  • 12 to 48 Hours of Intoxicated Driver Resource Center Time

  • Jail up to 30 Days (Not mandatory)

  • Driver's License loss indeterminate until the installation of Ignition Interlock Device

  • Ignition Interlock period for three months

Blood Alcohol Content of .10% but Less than .15%

  • $300-$500 Fine

  • $356 State Assessments

  • Up to $33 Court Costs

  • 12 to 48 Hours of Intoxicated Driver Resource Center Time

  • Jail up to 30 Days (Not mandatory)

  • Driver's License loss indeterminate until the installation of Ignition Interlock Device

  • Ignition Interlock period for seven to twelve months

Blood Alcohol Content of .15% or Higher

  • $300-$500 Fine

  • $356 State Assessments

  • Up to $33 Court Costs

  • 12 to 48 Hours of Intoxicated Driver Resource Center Time

  • Jail up to 30 Days (Not mandatory)

  • Driver's License loss four to six months

  • Ignition Interlock during a period of license forfeiture and for nine to fifteen months after license restoration

For first offense DWIs that involve a conviction based upon operation under the influence of a narcotic, hallucinogenic or habit-producing drug, a defendant is subject to a license forfeiture of not less than seven months, nor more than one year.

All Second Offense DWI Violations, Either Through Observation, Blood Alcohol Concentration or Drugs, Carry Penalties Of:

  • $500-$1,000 Fine

  • $356 State Assessments

  • Up to $33 Court Costs

  • Intoxicated Driver Resource Center in accord with treatment classifications (usually 48 Hours)

  • Jail Sentence of two to ninety days; the court may authorize a two-day sentence served at the IDRC

  • 1 to 2-year loss of driving privileges

  • Ignition Interlock during a period of license forfeiture and for 2 to 4 years after license restoration

All Third Offense DWI Violations, Either Through Observation, Blood Alcohol Concentration or Drugs, Carry Penalties Of:

  • $1,000 Fine

  • $356 State Assessments

  • Up to $33 Court Costs

  • Intoxicated Driver Resource Center in accord with treatment classifications

  • Jail Sentence of 180 days, mandatory. Ninety days of the sentence may be served in an IDRC approved in-patient program

  • 8-year loss of driving privileges

  • Ignition Interlock during a period of license forfeiture and for 2 to 4 years after license restoration

If a person does not own a motor vehicle where an Ignition Interlock Device may be installed must attest to not owning, leasing, or operating a motor vehicle. Once this takes place, the defendant will be subject to license forfeiture for the period of the interlock installation required for the violation.

If a defendant refuses to submit to a breath alcohol test, there is a separate violation of the motor vehicle code under NJSA 39:4-50.4. There are penalties based upon the number of prior refusals on a defendant's motor vehicle record.

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First Offense Refusal Penalties

  • $300-$500 Fine

  • $106 State Assessments

  • Up to $33 Court Costs

  • Intoxicated Driver Resource Center time for 12 to 48 hours

  • Loss of Driving Privileges until an Ignition Interlock Device is installed

  • Ignition Interlock of 9 to 15 months

Second Offense Refusal Penalties

  • $500-$1,000 Fine

  • $106 State Assessments

  • Up to $33 Court Costs

  • Intoxicated Driver Resource Center time in accord with treatment classification (usually 48 hours)

  • Loss of Driving Privileges 1 to 2 years following installation of Ignition Interlock Device

  • Ignition Interlock during a period of license forfeiture and for 2 to 4 years following the restoration of driver's license

Third Offense Refusal Penalties

  • $1,000 Fine

  • $106 State Assessments

  • Up to $33 Court Costs

  • Intoxicated Driver Resource Center in accord with treatment classification

  • Loss of Driving Privileges 8 years following installation of Ignition Interlock Device

  • Ignition Interlock during a period of license forfeiture and for 2 to 4 years following the restoration of driver's license

If a person does not own a motor vehicle where an Ignition Interlock Device may be installed must attest to not owning, leasing or operating a motor vehicle. Once this takes place, the defendant will be subject to license forfeiture for the period of the interlock installation required for the refusal violation.

These penalties are substantially different from previous ones in New Jersey. You need to have an attorney who understands the new laws, how they will affect defendants, and what you need to do to in a serious situation like this. William Quirk can help you navigate these difficult issues, as he has the knowledge and experience needed in DWI and Refusal cases.