Last reviewed . Law current as of October 2026.
A second DWI in New Jersey carries 48 consecutive hours to 90 days in jail, a $500 to $1,000 fine, 30 days of community service, and a 1 to 2 year forfeiture. A third brings at least 180 days, a $1,000 fine, and an 8-year forfeiture. After a gap of more than 10 years, the court sentences one step lower.
Key takeaways
- A second DWI requires at least 48 consecutive hours in jail (up to 90 days) and a 1–2 year forfeiture.
- A third requires at least 180 days and an 8-year forfeiture.
- With a gap of more than 10 years, the court sentences one step lower.
What are the penalties for a second and third DWI?
| Second offense | Third or later offense | |
|---|---|---|
| Jail | 48 consecutive hours to 90 days | At least 180 days (up to 90 may be served in an approved inpatient program) |
| Fine | $500–$1,000 | $1,000 |
| Community service | 30 days | None listed in the statute |
| License | 1–2 years | 8 years |
| Interlock | During forfeiture, then 2–4 years | During forfeiture, then 2–4 years |
How does the 10-year step-down work for a second DWI?
If a second offense happens more than 10 years after the first, the court treats it as a first offense for sentencing. If a third happens more than 10 years after the second, it is treated as a second offense. Dates matter: get your driver abstract and court records.
Can interlock credit shorten a repeat-offense forfeiture?
The 1 to 2 year and 8 year forfeitures are not always served in full. A person who installs an interlock before conviction (with the MVC license notation) earns one day of credit against the forfeiture for every two days installed, and for offenses on or after April 3, 2025, P.L.2025, c.41 allows the same one-for-two credit when an interlock is installed instead of forfeiting after conviction. Neither credit applies to a drug DWI or where serious bodily injury resulted. Under current law these provisions expire January 1, 2029. More: ignition interlock.
Do out-of-state DWI convictions count in New Jersey?
A conviction under a substantially similar law in another state counts as a prior offense, unless you show by clear and convincing evidence it was based only on a BAC below 0.08%.
Related guides
- First-offense DWI
First DWI in New Jersey? Fines, IDRC, possible jail, license forfeiture, and interlock by BAC level under N.J.S.A. 39:4-50, plus pre-conviction interlock and the 2029 sunset.
- 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.
- 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
Is community service required for a third DWI?
The statute (N.J.S.A. 39:4-50(a)(3)) lists community service for a second offense (30 days) but not for a third. A third offense carries a $1,000 fine, at least 180 days in jail (up to 90 of which can be served in an approved inpatient program), an 8-year forfeiture, and an interlock.
Is jail mandatory for a second DWI in New Jersey?
Yes. The statute requires at least 48 consecutive hours and allows up to 90 days.
Does an old DWI from 15 years ago count?
It counts, but if more than 10 years separate the offenses, the new one is sentenced one level lower.
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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.