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The only scientific way to determine whether a driver is under the influence is through blood alcohol concentration (BAC). Your BAC can be tested with a simple Alcotest test.

In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI).

Being convicted of a DUI is a serious offense, carrying heavy penalties including:

  • Fines, fees and surcharges
  • License suspension
  • Ignition interlock device
  • Jail time
  • Community service

Mandatory fines and penalties

Alcohol or drug related DUI with BAC of 0.10% or greater
License loss Fines, fees & surcharges Prison term Community service, IDRC & Interlock
7 months–1 year $300–$500 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days 12–48 hours IDRC*
BAC 0.15% or greater: ignition interlock device during license suspension and 6 months - 1 year following restoration
Alcohol or drug related DUI with BAC greater than 0.08% but less than 0.10%
License loss Fines, fees & surcharges Prison term Community service, IDRC & Interlock
3 months $250–$400 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
Up to 30 days 12–48 hours IDRC*
Repeated DUI convictions
Offense License loss Fines, fees & surcharges Prison term Community service, IDRC & Interlock
2nd offense within 10 years 2 years $500–$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
48 hours– 90 days 30 days CS
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration
3rd offense within 10 years of 2nd offense 10 years $1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
180 days Up to 90 days CS (can reduce period of imprisonment)
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration

Related Offenses

Driving or riding with an open container
Offense Fines Community service
1st $200

2nd $250 10 days

Driving with a DUI suspension
License loss Fines or surcharges Prison term
Additional 1–2 years $500 fine
$250/year (for 3 years) surcharge
10–90 days
Driving while possessing drugs
License loss Fines or surcharges
2 years Minimum $50 fine
Driving while possessing drugs
License loss Fines or surcharges
2 years Minimum $50 fine

Notes:

  • *IDRC - Intoxicated Driver Resource Center
  • *AERF - Alcohol Education and Rehabilitation Fund
  • Underage drinking may cause a six-month delay in getting a license
  • Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program

Failure to pay DUI surcharges will result in

  • Indefinite suspension of driving privileges
  • Action filed in State Superior Court by MVC. This may include securing a lien against your property, garnishing your wages or other similar action

David P Donnelly
NJ criminal defense

Of Counsel
O'Mara Law Firm
25 Sycamore Ave. Suite #2
Little Silver, NJ 07734
732-822-8542

Common tags:

Juvenile Offenses, Municipal Court cases ,DWI ,Driving While Uninsured,Driving While in Possession of CDS and other Traffic Violations Drug Offenses, PIP Court, Domestic Violence ,Violent Crimes ,Shoplifting