Mercer County is serious about drunk driving. The penalties for a DUI/DWI in New Jersey are:

1st Offense 2nd Offense 3rd Offense
Jail Up to 30 days Up to 90 days Up to 180 days
Fines and Penalties $250 to $500 $500 to $1,000 $1,000
License Suspension 3 months to 1 year 2 years 10 years
IID** Required Possible Possible Possible

All drunk driving arrests also carry the following penalties:

  • $100 Surcharge for the drunk driving enforcement fund.
  • $100 Motor Vehicle Restoration Fee.
  • $100 Violent Crimes Compensation fee.
  • $100 Intoxicated Driver Program Fee.
  • $100 State and Municipality Fee.

Lookback Period: 10 years (Period of time that prior DUI/DWIs are relevant for sentencing. Also known as a “washout” period.)

**Ignition Interlock Device

How much do you have to drink (BAC*) for a DUI/DWI in New Jersey?

Under 21 .02%
21 or older .08%
Commercial .04%

** BAC = blood alcohol content

How many drinks does it take? Check the BAC chart.

You may want to try our BAC Calculator, however I wouldn’t let any results encourage you to drink and drive.

What if you refuse to take a chemical test in New Jersey?

New Jersey has an implied consent law. That means that if you refuse to submit to a chemical test you will be subject to a fine and automatic license suspension. Learn more about New Jersey’s implied consent law.

1st Offense 2d Offense 3rd Offense
Refusal to take test 7 month license revocation 2 year license revocation 10 year license revocation

New DUI Laws in New Jersey

New Jersey imposed the installation of an IID on the car of anyone convicted of a DUI who has restricted driving privilege. The device must be installed and maintained for the duration of the restricted privilege.

Also in July, 2010, New Jersey’s state Supreme Court ruled that non-English speaking drivers should be provided a translation of the statement of consequences for those who refuse an alcohol breath test.

Drinking and Driving Laws in New Jersey

In the State of New Jersey it is illegal to operate a motor vehicle when your blood alcohol concentration (BAC) is .08 percent or above. The .08 limit is the standard measurement of the legally “impaired” driver across the United States. New Jersey has lower BAC limits for drivers of commercial vehicles and minors under the age of 21. The State of New Jersey also has laws that prohibit driving under the influence of drugs (DUID) and driving while possessing drugs. The penalties for possessing and driving with drugs are similar to driving under the influence of alcohol.

How many drinks does it take to reach the legal limit in New Jersey? Predicting how many drinks it will take you to reach the .08 percent BAC limit with certainty is almost impossible. There are charts and calculators that can provide a reasonable reference based on body weight and the amount of time that has passed between drinks, but there are other variables that these devices do not consider that could also impact your BAC score.

The best answer is not to drink and drive. The State of New Jersey has strict laws for drunk driving, and when you drink and drive in New Jersey, you risk your freedom, finances and your future.

The first time you are convicted of drunk driving in New Jersey you will be fined between $250 and $400. Your license will be suspended for up to 3 months and you would face up to 30 days in jail. You will also have to spend a minimum of 6 hours a day for 2 consecutive days in an intoxicated driver resource center. You will also have to pay an automobile insurance surcharge of $1,000 a year for the following 3 years.

The second arrest and conviction for drunk driving in the State of New Jersey will cost you between $500 and $1,000 for the initial fine. You will also be imprisoned for up to 90 days and have your license suspended from 7 months to 1 year. You will also have to spend a minimum of 6 hours a day for 2 consecutive days in an intoxicated driver resource center and pay an automobile insurance surcharge of $1,000 a year for the following 3 years.

The 3rd time you are arrested in New Jersey for drunk driving you will be fined $1,000. Your drivers license will be suspended for 10 years and you will spend 180 days in Jail. You will also be ordered to pay an automobile insurance surcharge of $1,500 a year for the following 3 years.

Contact

John W. Hartmann, Esq. is an expert on DUI/DWI in Mercer County, New Jersey. Hartmann’s office is in West Windsor. Set up a meeting now by calling 609-897-1111 or send an email through my online form.