What's the Penalty for a DUI in New Jersey?

Arrested for drunk driving in New Jersey? Here’s what you’re up against.

A DUI conviction in New Jersey isn’t just a traffic ticket—it’s a criminal charge with serious consequences. From license suspension to steep fines, jail time, and mandatory use of an ignition interlock device, the penalties are strict and unforgiving. Whether this is your first offense or a repeat DUI, understanding the law—and working with the best DUI lawyer in New Jersey—can make all the difference.

Understanding DUI Laws in New Jersey

Under New Jersey DUI laws, it is illegal to operate a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher, or while impaired by alcohol or drugs. If you’re under the legal drinking age, the zero tolerance policy applies—any detectable alcohol can result in charges.

Key penalties depend on:

Your BAC level
Prior DUI or DWI offenses
Whether you caused an accident or injury
Presence of minors in the vehicle
Your driving record with the New Jersey Motor Vehicle Commission

Penalties for First Offense DUI in New Jersey

For a first offense DUI in New Jersey, the penalties may include:

$250–$500 fine
Up to 30 days in jail
License suspension until interlock device installed
6 months to 1 year with an ignition interlock device (IID)
Mandatory alcohol education through the Intoxicated Driver Resource Center (IDRC)
Surcharge from your insurance policy, sometimes over $1,000 annually
Community service or probation in some cases

Even for a first offence DUI NJ, the long-term effects on insurance, employment, and your criminal record can be severe.

Second DUI Offense in New Jersey

A 2nd DUI offense in NJ carries harsher punishments:

$500–$1,000 fine
License revocation for up to 2 years
Jail time of 48 hours to 90 days
Community service
1–3 years of IID use
Higher car insurance premiums
Required alcohol or substance abuse treatment

Multiple DUI convictions can also increase your exposure to felony-level charges depending on circumstances such as injury or vehicular homicide.

Third DUI and Felony-Level Penalties

A third offense results in:

$1,000 fine
10-year license revocation
180 days in prison, with potential for 90 days in rehab
Continued IID requirement
Extended alcohol education and addiction treatment

At this stage, you’ll almost certainly be subject to a jury trial and aggressive prosecution. If your DUI involved an accident, minor passenger, or reckless driving, you could face additional charges like assault, child endangerment, or negligence.

Drug and Marijuana DUI Penalties

Driving under the influence of controlled substances is treated just as seriously as alcohol-related offenses. Whether you failed a urine test, were found in possession of drugs, or had impaired concentration, the punishment is the same.

See our guide to Marijuana DUI Defense in New Jersey for more info.

DUI and Insurance Consequences

After a DUI conviction:

Your auto insurance rates will skyrocket.
Many companies may cancel your insurance policy entirely.
You’ll be required to pay surcharges to the New Jersey Motor Vehicle Commission for up to three years.

DUI is not just a criminal offense—it’s a financial burden that lingers long after your court date.

Should You Hire a DUI Lawyer in NJ?

Yes. Absolutely. A DUI lawyer NJ will:

Challenge the validity of the traffic stop and breathalyzer results
Examine probable cause and implied consent violations
Negotiate reduced charges or plea bargains
Represent you during arraignment, pre-trial motions, and trial
Help protect your driving privileges, job, and reputation

At Shugar Law, we’ve helped clients statewide reduce or dismiss DUI charges through strategic, aggressive defense. Learn more: Should I Get a Lawyer for My First DUI Offense?

What to Do If You’re Arrested for DUI

Don’t speak to police without an attorney present.
Request your blood alcohol content test results and police report.
Avoid pleading guilty before consulting with a lawyer.
Contact the best NJ DUI lawyer you can find as soon as possible.

A quick mistake doesn’t have to define your life. Let Shugar Law fight to protect your rights, your license, and your future.

Related Resources

Need legal advice after a DUI in New Jersey? Contact Shugar Law today

We’ll review your case, explain your options, and fight for the best possible outcome—because one mistake shouldn’t ruin your life. Contact our team today!

Frequently Asked Questions About DUI Penalties in New Jersey

Is a DUI in New Jersey a criminal offense?

Yes. A DUI in New Jersey is a serious criminal offense, not just a traffic violation. While it’s typically classified as a misdemeanor, the penalties can include license suspension, probation, jail time, and mandatory use of an ignition interlock device. Multiple offenses or aggravating factors may elevate the charge and lead to felony prosecution.

What happens if I refuse a breathalyzer test?

Refusing a breathalyzer in New Jersey violates the implied consent law. This can result in:

Automatic license suspension
Additional fines
Mandatory IID installation
Points on your driving record

Even if you avoid a DUI conviction, a refusal charge can still carry separate penalties through the New Jersey Motor Vehicle Commission.

How long will I lose my license after a DUI?

For a first offense DUI, your license will be suspended until you install an IID, and the device must remain in your car for at least 6 months to 1 year. For a second offense, the revocation period may be 2 years, and for a third, it’s 10 years. A knowledgeable DUI lawyer NJ can often help reduce or delay license suspension.

Will a DUI affect my car insurance?

Absolutely. A DUI conviction can:

Trigger dramatic increases in your insurance premiums
Cause your insurance policy to be canceled
Add annual surcharges from the state

Most insurers view a DUI as high-risk behavior, which will remain on your driving and insurance record for years.

Can I avoid jail time for a first offense DUI?

Yes—jail is possible, but not always mandatory. For a first DUI offense, the court may impose alternative penalties such as alcohol education, community service, or probation. However, aggravating factors like high BAC, accidents, or minors in the vehicle can increase the likelihood of incarceration. The best NJ DUI lawyer will fight for alternatives to jail.

What is an ignition interlock device, and will I need one?

An ignition interlock device (IID) is a breathalyzer installed in your vehicle that prevents it from starting if alcohol is detected. In New Jersey, most DUI convictions—even for first-time offenders—require IID installation. The length of time depends on your BAC level, offense number, and court order.

Can I get a DUI for prescription or legal drugs?

Yes. Even legal drugs can impair driving ability. If law enforcement believes you were under the influence of prescription medication, marijuana, or other substances—even with a valid prescription—you may still be charged under New Jersey DUI laws. These cases are complex and require experienced legal representation.

What should I do immediately after a DUI arrest?

Remain calm and cooperate without admitting guilt
Do not speak to police officers or the prosecutor without a lawyer
Request legal representation during arraignment and all court appearances
Contact an experienced DWI lawyer NJ as soon as possible

The faster you act, the more legal options you’ll have—especially when it comes to reducing penalties or challenging evidence like probable cause and sobriety test results.