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New Jersey has some of the most serious DWI penalties in the entire country. One of the most severe penalties is the fact that there is a mandatory ignition interlock device and/or suspension of your driving privileges for even a first offense DUI. Other consequences include a community service, thousands in fines and surcharges, as well as incarceration. To make matters worse, there is standing rule by the Administrative Office of the Courts “AOC” that courts are not allowed to plea bargain with DWI defendants. This means the only way to beat or downgrade a DUI charge is to aggressively challenge the state’s case against you that they cannot prove certain elements of the charged offense. Please see the following chart to get an idea of what New Jersey DWI and Refusal penalties entail:
First DUI Offense
Blood Alcohol Content (BAC)
Ignition Interlock Device
Fines and Assessments
Prison Term
.08% – .99%
Three (3) Months
$805- $1005 plus $1000/ year surcharge (for 3 years)
Up to 30 days
.10% – .14%
Seven (7) to Twelve (12) Months
$755- $905 plus $1000/ year surcharge (for 3 years)
Up to 30 days
.15% and higher
Nine (9) to Fifteen (15) Months, following License Suspension for Four (4) to Six (6) Months
$755- $905 plus $1000/ year surcharge (for 3 years)
Up to 30 days
It is important to note that your license will be suspended in the time between your conviction and installation of the interlock device in your vehicle.
Second DUI Offense
Blood Alcohol Content (BAC)
License Suspension
Fines and Assessments
Prison Term
.08% and higher
One (1) to Two (2) Years
$1,055- $1,555 plus $1000/ year surcharge (for 3 years)
48 hours- 90 days
After your license is restored, the installation of an ignition interlock device in your vehicle is required for between 2 years and 4 years.
Third DUI Offense (within 10 years of 2nd offense)
Blood Alcohol Content (BAC)
License Suspension
Fines and Assessments
Prison Term
.08% and higher
Eight (8) Years
$1,555 plus $1,500/ year surcharge(for 3 years)
180 days
After your license is restored, the installation of an ignition interlock device in your vehicle is required for between 2 years and 4 years.
Other less publicized penalties include:
Mandatory drug or alcohol counseling programs
Family and work constraints due to loss of license
Loss of income as a result of jail time or loss of license
If you would like to learn more about how we can help you defend your DWI charges, then contact our office at (908) 838-0150 for a free consultation with an experienced defense attorney who can answer all your questions and address any concerns. We have representatives available 24/7 to answer your call.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. We have office locations conveniently located in Jersey City, Edison, Middletown, Cranford, Burlington, and Hamilton. All major credit cards are accepted