NJ DWI Charges: What Happens and What's at Stake

What counts as DWI under New Jersey law

A person operates a motor vehicle with a blood alcohol concentration of 0.08 percent or more by weight of alcohol in the defendant's blood in violation of N.J.S.A. 39:4-50.

First offense penalties: 0.08 to 0.09 percent BAC

Under N.J.S.A. 39:4-50(a)(1)(i), if the person's blood alcohol concentration is 0.08 percent or higher but less than 0.10 percent, the fine is not less than $250 nor more than $400.

The court shall order the person to forfeit the right to operate a motor vehicle over the highways of this State until the person installs an ignition interlock device in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates.

First offense penalties: 0.10 percent or higher, or drug impairment

Under N.J.S.A. 39:4-50(a)(1)(ii), if the person's blood alcohol concentration is 0.10 percent or higher, or the person operates a motor vehicle while under the influence of a narcotic, hallucinogenic or habit-producing drug, or the person permits another person under those conditions to operate a motor vehicle the person owns or controls, the person is subject to a fine of not less than $300 nor more than $500.

Under N.J.S.A. 39:4-50(a)(1)(ii), a person convicted of operating a motor vehicle while under the influence of a narcotic, hallucinogenic or habit-producing drug, or permitting such a person to operate a vehicle the person owns or controls, shall forfeit the right to operate a motor vehicle over the highways of New Jersey for not less than seven months nor more than one year.

Under N.J.S.A. 39:4-50(a)(1)(ii), in the case of a person whose blood alcohol concentration is 0.15 percent or higher, the person shall forfeit the right to operate a motor vehicle over the highways of this State for a period of three months following installation of an ignition interlock device in one motor vehicle the person owns, leases, or principally operates, whichever the person most often operates.

Jail and detainment: first offense

The statute states a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers.

The court may, in its discretion, impose a term of imprisonment of not more than 30 days.

Second offense penalties

For a second violation, a person shall be subject to a fine of not less than $500 nor more than $1,000, ordered to perform community service for a period of 30 days, sentenced to imprisonment for a term of not less than 48 consecutive hours or more than 90 days, and shall forfeit the right to operate a motor vehicle for a period of not less than one year or more than two years upon conviction.

Third and subsequent offense penalties

For a third or subsequent violation, a person shall be subject to a fine of $1,000, sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, and shall forfeit the right to operate a motor vehicle over the highways of this State for eight years.

How prior offenses are counted

A conviction of a violation of a law of a substantially similar nature in another jurisdiction shall constitute a prior conviction under N.J.S.A. 39:4-50 unless the defendant can demonstrate by clear and convincing evidence that the conviction in the other jurisdiction was based exclusively upon a violation of a proscribed blood alcohol concentration of less than 0.08 percent.

If a second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes; if a third offense occurs more than 10 years after the second offense, the court shall treat the third conviction as a second offense for sentencing purposes.

What happens to your license at conviction

Upon conviction, the court shall collect forthwith the New Jersey driver's license or licenses of the person so convicted and forward such license or licenses to the chief administrator.

Surcharge assessed at sentencing

In addition to any other fine, fee, or other charge imposed, the court shall assess a person convicted of a violation of N.J.S.A. 39:4-50 a surcharge of $125.

Intoxicated Driver Resource Center requirements

A person convicted under N.J.S.A. 39:4-50 must satisfy the screening, evaluation, referral, program and fee requirements of the Division of Mental Health and Addiction Services' Intoxicated Driving Program, and of the Intoxicated Driver Resource Centers and a program of substance use disorder education and highway safety.

Upon attendance at an Intoxicated Driver Resource Center, a person shall be required to pay a per diem fee of $75 for the first offender program or a per diem fee of $100 for the second offender program.

Failure to satisfy such requirements shall result in a mandatory two-day term of imprisonment in a county jail and a driver license revocation or suspension and continuation of revocation or suspension until such requirements are satisfied.

Plea agreements under N.J.S.A. 39:4-50

Notwithstanding any judicial directive to the contrary, upon recommendation by the prosecutor, a plea agreement under N.J.S.A. 39:4-50 is authorized under the appropriate factual basis consistent with any other violation of Title 39 of the Revised Statutes or offense under Title 2C of the New Jersey Statutes.