New Jersey DUI Laws
New Jersey DUI (Driving Under the Influence) arrests are prosecuted in two ways; either as a
traditional DUI, where the prosecution attempts to prove a person as being under the influence
based on driving pattern and field sobriety test performance, or by violating the “per se” law by
being above the legal limit of .08%.
In the summer of 2005, Congress approved a huge transportation bill. One of its many provisions
included federal grants that encourages states to enact John’s Law, a New Jersey law that allows
police to impound the car of a drunk driver.
Implied Consent:
Refusal to take the breath or blood test following a DUI arrest is admissible in court, and can
also have sever driver’s license consequences in addition to the standard penalties.
DUI convictions are “priorable” for 10 years, calculated from arrest date to arrest date.
Punishment for a second DUI or third offense DUI is harsher in every aspect: fines, jail time,
driver’s license consequences, and more.
There are special DUI laws for those under 21: it is illegal for someone under 21 to driver with a
BAC of 0.01% or greater. Violation of this law will result in a license suspension for 30-90 days,
and community service for 15-30 days.
Jury Trials are NOT available in New Jersey DUI cases. People arrested for driving while
impaired in New Jersey have a right to a court trial only. (A court trial is one where the judge
hears the evidence and decides your guilt.) If you lose the court trial, you have the right to
request a “de novo” appeal on the record. This is where the record is transmitted to the Law
Division, Superior Court, and a different judge reviews the DUI trial and record, and the lawyers
argue the facts and law that should apply. It is a second chance at getting a result of Not Guilty.
New Jersey DUI cases are unique, since there is no pre-trial administrative driver’s license
suspension, as there is in many other states, the only driver’s license consequences are imposed
by the court.
Court Consequences
1st Offense DUI:
Money issues:
Fines………………………………………….....$250.00 - $400.00
Court Cost……………………………………....$30.00
Violent Crimes Compensation Board Penalty….$50.00
Safe Neighborhood Fund Assessment………….$75.00
DUI Surcharge Fund……………………………$200.00
Restoration Fee…………………………………$100.00
MVC Surcharge………………………………...$3000.00/$1000.00 per year for 3 years
TOTALS……………………………………….$3705.00-$3855.00
Other issues:
12-48 hours in the intoxicated driver’s resource center (alcohol classes)
30 days in jail (discretionary term)
The court may also order an ignition interlock device to be placed on any car the
individual drives for 3 years following the restoration of driving privileges.
If the offense is committed in a SCHOOL ZONE:
Loss of license for 1-2 years
$500.00-$800.00 fines
Definite jail of up to 60 days
Plus the other fines and penalties listed above
2st Offense DUI:
Money issues:
Fines………………………………………….....$500.00-$10000.00
Court Cost……………………………………....$30.00
Violent Crimes Compensation Board Penalty….$50.00
Safe Neighborhood Fund Assessment………….$75.00
DUI Surcharge Fund……………………………$200.00
Restoration Fee…………………………………$100.00
MVC Surcharge………………………………...$4500.00/$1500.00 per year for 3 years
TOTALS……………………………………….$5455.00-$5955.00
Other issues:
30 days community service (180 hours)
48 hours in the intoxicated driver’s resource center (alcohol classes)
48 hours-90 days in jail (mandatory)
The court may also order an ignition interlock device to be placed on any car the
individual drives for 3 years following the restoration of driving privileges.
o OR suspend registration privileges on all vehicles owned by the individual for the
2 year license suspension period.
If the offense is committed in a SCHOOL ZONE:
$1000.00-2000.00 fines
60 days of community service (360 hours)
Definite jail time of 96 hours-180 days (90 of which may be served performing
community service)
Plus the other fines and penalties listed above
3rd Offense DUI:
Money issues:
Fines………………………………………….....$10000.00
Court Cost……………………………………....$30.00
Violent Crimes Compensation Board Penalty….$50.00
Safe Neighborhood Fund Assessment………….$75.00
DUI Surcharge Fund……………………………$200.00
Restoration Fee…………………………………$100.00
MVC Surcharge………………………………...$4500.00/$1500.00 per year for 3 years
TOTALS……………………………………….$5955.00
Other issues:
12 hours in the intoxicated driver’s resource center (alcohol classes)
180 days in jail (mandatory) – 90 may be served in an inpatient drug and alcohol rehab
program.
The court may also order an ignition interlock device to be placed on any car the
individual drives for 3 years following the restoration of driving privileges.
o OR suspend registration privileges on all vehicles owned by the individual for the
10 year license suspension period.
If the offense is committed in a SCHOOL ZONE:
$2000.00 fines
Plus the other fines and penalties listed above