Last reviewed . Law current as of October 2026.
A first New Jersey DWI brings a $250 to $500 fine, 12 to 48 hours at an Intoxicated Driver Resource Center, possible jail of up to 30 days, and, for alcohol and BAC cases, an ignition interlock for 3 months to 15 months after restoration. A first drug DWI brings a 7-month to 1-year forfeiture instead.
Key takeaways
- Fines run $250–$400 below 0.10% BAC and $300–$500 at 0.10% or more or for drugs.
- Jail is not mandatory for a first offense; the court may impose up to 30 days.
- For alcohol and BAC cases, most first offenders lose driving privileges only until an interlock is installed.
- A first drug DWI brings a 7-month to 1-year forfeiture instead of an interlock.
What are the penalties for a first DWI in New Jersey in 2026?
The penalties in N.J.S.A. 39:4-50(a)(1) and 39:4-50.17 depend on your blood alcohol concentration (BAC) and whether the case is based on alcohol or drugs.
| BAC / basis | Fine | License | Interlock after restoration |
|---|---|---|---|
| 0.08% to under 0.10%, or under the influence of alcohol | $250–$400 | Forfeited until an interlock is installed | 3 months |
| 0.10% to under 0.15% | $300–$500 | Forfeited until an interlock is installed | 7 months to 1 year |
| 0.15% or more | $300–$500 | 3 months after installation | During forfeiture, then 12–15 months |
| Under the influence of drugs | $300–$500 | 7 months to 1 year | None for a first offense (39:4-50.17(a)) |
Every first offender also faces 12 to 48 hours at the IDRC, possible jail of up to 30 days at the judge's discretion, a $125 surcharge, a $100 AERF fee, and IDRC fees. The MVC assesses insurance surcharges after conviction.
Will I go to jail for a first DWI?
Jail is not mandatory for a first offense. The statute allows the judge to impose up to 30 days. In practice, the facts of the case, the BAC, and any accident or injury affect the judge's decision. We do not predict outcomes; we prepare the case.
Do I lose my license for a first DWI, or just get an interlock?
Before December 2019, most first offenders faced a license suspension of months. The 2019 interlock law (P.L.2019, c.248) shifted the focus to interlock devices. P.L.2023, c.191, effective February 19, 2024, adjusted the forfeiture periods and allowed voluntary installation before conviction. Under current law these provisions expire January 1, 2029 (Directive #04-24).
Can I install an interlock before I'm convicted, and does it help?
You may install an interlock voluntarily before conviction and request an interlock license notation from the MVC. If you had a valid New Jersey license in good standing at the time of the offense and kept it in good standing, the statute says you are not subject to the fine for your tier. For a 0.15%+ first offense, you earn one day of credit for every two days the interlock is installed. There is no credit for a drug DWI or if serious bodily injury resulted. Discuss this with a lawyer before you decide. More: ignition interlock.
What should I do in the first days after a DWI arrest?
- Keep your tickets and the paperwork you received at the station.
- Write down your timeline: what you ate and drank, when, and what happened at the stop.
- Do not drive if your license was taken until you know your status.
- Talk with a lawyer before your first court date.
- Ask about discovery: video, Alcotest records, and officer certifications.
Can a DWI be pled down in New Jersey?
The current statute authorizes plea agreements on the prosecutor's recommendation with an appropriate factual basis. Whether a reduction is realistic depends on the evidence and the prosecutor. Challenges to the stop, the arrest, and the breath test can also change the outcome. See Alcotest 9510 and refusal.
Related guides
- Breath test refusal
Charged with refusing the Alcotest in New Jersey? Refusal penalties under N.J.S.A. 39:4-50.4a, what the State must prove, how refusal differs from DWI, and common defenses.
- Ignition interlock
How long you need an ignition interlock after a New Jersey DWI or refusal, pre-conviction installation and credit, the drug-DWI exclusion, and the January 1, 2029 sunset.
- Alcotest 9510
The NJ Supreme Court lifted its stay of Alcotest 9510 DWI cases on December 19, 2025 without ruling on reliability. What that means for pending DWI cases and how results can be challenged.
- Second and third DWI
Second or third DWI in New Jersey? Mandatory jail, fines, community service, license forfeiture, interlock periods, the 10-year step-down, and how out-of-state priors count.
- Driving while suspended (39:3-40 / 2C:40-26)
Penalties for driving on a suspended license in New Jersey under N.J.S.A. 39:3-40, the extra penalties during a DWI suspension, and the fourth-degree crime in 2C:40-26.
Frequently asked questions
What is the fine for a first DWI in New Jersey?
$250 to $400 for a BAC of 0.08% to under 0.10% (or under the influence of alcohol), and $300 to $500 for 0.10% or more or a drug DWI, plus surcharges and fees.
How long is the interlock for a first DWI?
3 months for 0.08% to under 0.10%, 7 months to 1 year for 0.10% to under 0.15%, and during forfeiture plus 12 to 15 months for 0.15% or more, under N.J.S.A. 39:4-50.17.
Is jail mandatory for a first DWI in New Jersey?
No. The judge may impose up to 30 days, but it is not mandatory for a first offense.
Do I lose my license for a first DWI?
Most first offenders forfeit driving privileges only until an interlock is installed. A BAC of 0.15% or more adds 3 months after installation; a drug DWI carries 7 months to 1 year.
Where we handle these cases
Essex County · Hudson County · Bergen County · Passaic County · Union County · Middlesex County · Monmouth County · Morris County · Ocean County · Mercer County · Somerset County · Hunterdon County · Sussex County · Warren County
Sources
This page provides general information about New Jersey law. It is not legal advice, and reading it or contacting us does not create an attorney-client relationship. Every case is different and no outcome is guaranteed.