DUI Penalties in New Jersey - Criminal Defense Law Blog

Like every other state, New Jersey has specific penalties that you can expect to see if you are Driving Under the Influence.

According to NJ Rev Stat § 39:4-50 (updated for 2024), here is what you can expect if you get a DUI in New Jersey:

First offense with BAC of 0.08% but less than 0.10%:

License suspension: Until an ignition interlock device has been installed.
Imprisonment: Maximum 30 days.
Fine: $250 to $400.
Intoxicated Driver Resource Center (IDRC): Mandatory 12 to 48 hours.
Intoxicated Driver Resource Center (IDRC) Fee: $230.
Alcohol Education and Rehabilitation Fund Fee: $100
Drunk Driving Fund: $100
Neighborhood Services Fund: $75
Surcharges: $1,000 per year for 3 years.

First offense with BAC of 0.10% or higher:

License suspension: 7 to 12 months.
Imprisonment: Maximum 30 days.
Fine: $300 to $500.
Intoxicated Driver Resource Center (IDRC): Mandatory 12 to 48 hours.
Intoxicated Driver Resource Center (IDRC) Fee: $230.
Alcohol Education and Rehabilitation Fund Fee: $100
Drunk Driving Fund: $100
Neighborhood Services Fund: $75
Surcharges: $1,000 per year for 3 years.
Ignition Interlock Device (IID): 6 months to 1 year after license is restored if BAC was 0.15% or over.

It is important to note, however, that a law enacted in April 2025 provides some first-time DUI offenders with a “2-for-1” option. This essentially allows an offender to reduce their license suspension by one day for every two days they keep a compliant ignition interlock device installed. This can help shorten the license suspension period. However, this may not be an option if a serious bodily injury or refusal to take a breathalyzer test occurred.

First offense DUI under 21 years old:

If you are under 21 years old and you drive with a BAC of anything over 0.01% you may face all of the fines and imprisonment times above and:

License suspension: 30 to 90 days.
Community service: 15 to 30 days.
Mandatory Alcohol and Highway Safety Education with IDRC.

If you are not licensed and under 17 years old at the time of the charges your license processing may take an additional 30 to 90 days.