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Former State Prosecutor

Former Atlantic County Prosecutor

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Experienced for over 35 years

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What are the penalties for a DWI offense in New Jersey?

The penalties for a DWI offense in NJ vary, depending on whether you have any prior DWI convictions within the last 10 years. Regardless of whether it’s a first offense or a subsequent offense, however, a conviction for driving with a blood alcohol content (BAC) above .08 percent will likely result in suspension of your driver’s license due to mandatory penalties imposed by the NJ drunk driving statute.

The specific penalties for a DWI violation in New Jersey are as follows:

First Offense DWI Penalties

Low BAC

  • Suspension of driver’s license until an ignition interlock device is installed in your primary vehicle
  • Interlock device requirement for three months
  • Up to 30 days in jail
  • A fine of $250 to $400
  • Alcohol education classes at the Intoxicated Driver Resource Center (IDRC)

Mid BAC

  • Driver’s license suspension until an ignition interlock device is installed in your primary vehicle
  • Interlock device requirement for seven months to one year
  • Up to 30 days in jail
  • A fine of $300 to $500
  • Alcohol education classes at the Intoxicated Driver Resource Center (IDRC)

High BAC

  • Driver’s license suspension for three months
  • Interlock device requirement for 12 to 15 months after license restoration
  • Up to 30 days in jail
  • A fine of $300 to $500
  • Alcohol education classes at the Intoxicated Driver Resource Center (IDRC)

Second Offense DWI Sentences

  • Driver’s license suspension for one to two years
  • Interlock device requirement during license forfeiture and for two to four years after license restoration
  • Two days to 90 days in jail 
  • A fine of $500 to $1,000
  • Alcohol education classes at the Intoxicated Driver Resource Center (IDRC)

Third Offense DWI Penalties

  • Driver’s license suspension for eight years
  • Interlock device requirement during license forfeiture and for two to four years after license restoration
  • Mandatory jail time of 180 days
  • A fine of $1,000
  • Alcohol education classes at the Intoxicated Driver Resource Center (IDRC)

It may be possible to reduce your license suspension and get fines waived through actions such as pre-installing an ignition interlock device. Your NJ DWI lawyer can help you explore whether this action could benefit you.

Charged with Drunk Driving in South Jersey? Call an Experienced Atlantic City DWI Defense Attorney Who Can Help You Avoid the Most Severe Penalties

If you were pulled over by police and arrested on suspicion of Driving While Intoxicated (DWI), you are going to need the assistance of a qualified traffic & DWI defense attorney. John W. Tumelty, the founding partner of the Law Offices of John W. Tumelty, has more than 35 years of experience with drunk driving cases in Atlantic City, Egg Harbor, Lower Township, and throughout South Jersey. Contact Mr. Tumelty today to get answers to any questions you might have and to learn about your best options for fighting the charges.

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