DUI Laws in New Jersey
The legal BAC limit in New Jersey, first-offense DUI penalties, what happens if you refuse a test, and how long a DUI counts.
Short answer: 0.08% or greater for adult drivers. A driver under 21 is subject to underage DUI penalties at 0.01% or higher. NJ MVC, Suspensions and Restorations (DUI)
| Legal BAC limit | 0.08% or greater for adult drivers. A driver under 21 is subject to underage DUI penalties at 0.01% or higher. |
|---|---|
| First-offense DUI penalties | According to the MVC penalty tables: for a first DUI at 0.08% to under 0.10% (or based on observation), a $250–$400 fine, up to 30 days in jail, 12–48 hours at an Intoxicated Driver Resource Center (IDRC), $1,000 per year surcharge for 3 years plus other fees, and 3 months of license loss. For a first DUI at 0.10% or higher (or drug-related), a $300–$500 fine, up to 30 days in jail, IDRC, the same surcharges, and 7 months to 1 year of license loss; at 0.15% or higher, an ignition interlock during the suspension and 6 months to 1 year after restoration. Underage DUI (0.01%+) brings a 30–90 day suspension, 15–30 days of community service and IDRC programs. New Jersey's 2019 DUI law changes relied heavily on ignition interlock; confirm the MVC tables reflect current N.J.S.A. 39:4-50 before publishing. |
| When a DUI is a felony | In New Jersey, DWI itself is never a felony, or even a crime. The New Jersey Supreme Court has said DWI is a motor-vehicle offense, not a crime under New Jersey law, no matter how many prior offenses the person has. The state uses separate criminal statutes when a DWI results in injury or death: death by auto (N.J.S.A. 2C:11-5) and assault by auto (N.J.S.A. 2C:12-1(c)). For those crimes, driving while intoxicated allows an inference of recklessness and can increase the penalties. Repeat DWI brings heavier motor-vehicle penalties (for example, a 3rd offense within 10 years of the 2nd brings a 10-year license loss) instead of a felony charge. |
| Refusing a breath test | Drivers give implied consent to breath testing. A driver arrested for DUI who refuses may be taken to a hospital for a blood draw. A first refusal conviction carries 7 months to 1 year of license loss (1–2 years in a school zone), a $300–$500 fine ($600–$1,000 in a school zone), IDRC fees and a $1,000-per-year surcharge for 3 years, and an ignition interlock during the suspension and 6 months to 1 year after restoration. |
| DUI lookback period | 10 years. The MVC tables apply second-offense penalties to a DUI within 10 years of the prior offense, and third-offense penalties to a DUI within 10 years of the second. The table's footnote on how the 10-year 'step-down' applies was not captured. |
| How long a DUI stays on your record | Because DWI is a motor-vehicle offense, the New Jersey Supreme Court has said it is not included in a person's criminal history record (N.J.A.C. 13:59-1.1). It also cannot be expunged as a criminal record (N.J.S.A. 2C:52-28). For penalties, the MVC treats a DWI as a 2nd offense if it falls within 10 years of the prior one, and a 3rd offense if within 10 years of the 2nd. |
Where to get help in New Jersey
More New Jersey traffic tickets & dui
- Reinstating a Driver's License in New Jersey
- How Driver Points Work in New Jersey
- Paying or Contesting a Traffic Ticket in New Jersey
- All New Jersey traffic tickets & dui rules
FAQ
What is the legal blood alcohol limit in New Jersey?
0.08% or greater for adult drivers. A driver under 21 is subject to underage DUI penalties at 0.01% or higher.
What is the penalty for a first DUI in New Jersey?
According to the MVC penalty tables: for a first DUI at 0.08% to under 0.10% (or based on observation), a $250–$400 fine, up to 30 days in jail, 12–48 hours at an Intoxicated Driver Resource Center (IDRC), $1,000 per year surcharge for 3 years plus other fees, and 3 months of license loss. For a first DUI at 0.10% or higher (or drug-related), a $300–$500 fine, up to 30 days in jail, IDRC, the same surcharges, and 7 months to 1 year of license loss; at 0.15% or higher, an ignition interlock during the suspension and 6 months to 1 year after restoration. Underage DUI (0.01%+) brings a 30–90 day suspension, 15–30 days of community service and IDRC programs.
Is a DUI a felony in New Jersey?
In New Jersey, DWI itself is never a felony, or even a crime. The New Jersey Supreme Court has said DWI is a motor-vehicle offense, not a crime under New Jersey law, no matter how many prior offenses the person has. The state uses separate criminal statutes when a DWI results in injury or death: death by auto (N.J.S.A. 2C:11-5) and assault by auto (N.J.S.A. 2C:12-1(c)). For those crimes, driving while intoxicated allows an inference of recklessness and can increase the penalties.
What happens if you refuse a breathalyzer in New Jersey?
Drivers give implied consent to breath testing. A driver arrested for DUI who refuses may be taken to a hospital for a blood draw. A first refusal conviction carries 7 months to 1 year of license loss (1–2 years in a school zone), a $300–$500 fine ($600–$1,000 in a school zone), IDRC fees and a $1,000-per-year surcharge for 3 years, and an ignition interlock during the suspension and 6 months to 1 year after restoration.
How long does a DUI count as a prior offense in New Jersey?
10 years. The MVC tables apply second-offense penalties to a DUI within 10 years of the prior offense, and third-offense penalties to a DUI within 10 years of the second.
How long does a DUI stay on your record in New Jersey?
Because DWI is a motor-vehicle offense, the New Jersey Supreme Court has said it is not included in a person's criminal history record (N.J.A.C. 13:59-1.1). It also cannot be expunged as a criminal record (N.J.S.A. 2C:52-28). For penalties, the MVC treats a DWI as a 2nd offense if it falls within 10 years of the prior one, and a 3rd offense if within 10 years of the 2nd.
General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.