New Jersey DWI Laws & Penalties
Last reviewed:
NJ DWI is a MOTOR VEHICLE OFFENSE, not a crime — no jury trial, no criminal record from a standard DWI, and NJ prohibits plea bargaining DWI. The 2019 reform (effective Dec 2019) traded shorter first-offense license loss for near-universal interlock. NJ says 'license forfeiture' rather than suspension.
Overview
- Legal BAC limit: 0.08% (commercial 0.04%, under-21 0.01%, enhanced at 0.1%).
- Lookback period: 10 years. A prior more than 10 years old is stepped down (treated one level lower) for sentencing.
- Primary statute: N.J.S.A. 39:4-50; interlock 39:4-50.16a (2019 law)
First-offense tiers at 0.08–0.099, 0.10–0.149, and 0.15+; the 0.15+ tier keeps a license-forfeiture period (4–6 months) plus interlock — lower tiers are interlock-first with little or no forfeiture.
Penalties by offense
| Offense | Classification | Jail | Fine | License suspension | Interlock |
|---|---|---|---|---|---|
| First offense | motor vehicle offense (not criminal) | none – 30 days | $250–$500 ($250–400 (low tier) / $300–500 (0.10+); PLUS heavy stacked assessments and the $1,000/yr × 3 years MVC insurance surcharge — total cost far exceeds the fine) | until interlock installed (0.08–0.149: forfeiture effectively replaced by interlock since Dec 2019) – 4–6 months forfeiture (0.15+) then interlock; hardship: NO restricted/hardship licenses exist in NJ — interlock-or-nothing | Required |
| Second offense | motor vehicle offense | 48 hours (mandatory) – 90 days; mandatory min 48 consecutive hours | $500–$1,000 (plus surcharges ($1,000/yr × 3) and assessments) | 1 year forfeiture – 2 years; hardship: none | Required |
| Third offense | motor vehicle offense | 180 days (mandatory; up to 90 days reducible via inpatient treatment) – 180 days; mandatory min 180 days | $1,000 (flat $1,000 plus surcharges ($1,500/yr × 3 for third) and assessments) | 8 years forfeiture – 8 years; hardship: none | Required |
First offense
- Classification: motor vehicle offense (not criminal)
- Jail: none – 30 days
- Fine: $250–$500 ($250–400 (low tier) / $300–500 (0.10+); PLUS heavy stacked assessments and the $1,000/yr × 3 years MVC insurance surcharge — total cost far exceeds the fine)
- License suspension: until interlock installed (0.08–0.149: forfeiture effectively replaced by interlock since Dec 2019) – 4–6 months forfeiture (0.15+) then interlock; hardship: NO restricted/hardship licenses exist in NJ — interlock-or-nothing
- Alternative disposition: None — NJ bars DWI plea bargaining; 12–48 hours Intoxicated Driver Resource Center (IDRC) mandatory.
- Interlock: 3 months (0.08–0.099), 7–12 months (0.10–0.149), 9–15 months post-restoration (0.15+).
Second offense
- Classification: motor vehicle offense
- Jail: 48 hours (mandatory) – 90 days; mandatory min 48 consecutive hours
- Fine: $500–$1,000 (plus surcharges ($1,000/yr × 3) and assessments)
- License suspension: 1 year forfeiture – 2 years; hardship: none
- Interlock: Interlock during forfeiture AND 2–4 years after restoration.
- 30 days community service; IDRC.
Third offense
- Classification: motor vehicle offense
- Jail: 180 days (mandatory; up to 90 days reducible via inpatient treatment) – 180 days; mandatory min 180 days
- Fine: $1,000 (flat $1,000 plus surcharges ($1,500/yr × 3 for third) and assessments)
- License suspension: 8 years forfeiture – 8 years; hardship: none
- Interlock: Interlock during forfeiture and 2–4 years after restoration.
- 2019 law raised third-offense forfeiture from 10 to 8 years — older sources conflict; statute text governs.
Refusing a chemical test (implied consent)
Refusal (39:4-50.4a): since Dec 2019, first refusal = mandatory interlock 9–15 months (no forfeiture), $300–500 fine, IDRC, $1,000/yr × 3 surcharge; second refusal = 2-year forfeiture; third = 10-year (verify current — pre/post-2019 sources conflict). Refusal is a separate offense often charged alongside DWI.
Statute: N.J.S.A. 39:4-50.4a
Ignition interlock
2019 reform (P.L. 2019 c.248): interlock mandatory for essentially every DWI and refusal conviction; low-tier first offenders keep driving with IID instead of losing the license. No hardship licenses exist — IID is the only path.
Statute: N.J.S.A. 39:4-50.16a
Frequently asked questions
What is the penalty for a first DWI in New Jersey?
A first DWI in New Jersey is a motor vehicle offense (not criminal). Jail: none – 30 days. Fine: $250–$500 ($250–400 (low tier) / $300–500 (0.10+); PLUS heavy stacked assessments and the $1,000/yr × 3 years MVC insurance surcharge — total cost far exceeds the fine). License suspension: until interlock installed (0.08–0.149: forfeiture effectively replaced by interlock since Dec 2019) – 4–6 months forfeiture (0.15+) then interlock; hardship: NO restricted/hardship licenses exist in NJ — interlock-or-nothing.
What is the legal BAC limit in New Jersey?
0.08% for most drivers, 0.04% for commercial drivers, and 0.01% for drivers under 21.
How long does New Jersey look back at prior DWI offenses?
10 years. A prior more than 10 years old is stepped down (treated one level lower) for sentencing.