What are the penalties for dui in new jersey?

A person in a pink shirt holding a yellow card that says "DUI Arrests," symbolizing the rise in DUI arrests during summer in NJ. Team Law’s criminal defense lawyers help clients fight DUI charges across New Jersey.

Summertime is beloved in New Jersey, with it’s beautiful beaches and parks and backyard barbecues, but it’s also one of the most dangerous when it comes to impaired driving. Police departments across the state ramp up patrols during summer weekends, leading to a spike in DUI arrests. If you’re facing charges, it’s important to understand the penalties for DUI in New Jersey, especially during high-enforcement periods like summertime.

Whether you were pulled over after leaving a bar in Hoboken, attending a beach party in Asbury Park, or celebrating with friends in Morristown, a DUI arrest can have serious, long-lasting consequences.

What Counts as a DUI in New Jersey?

In New Jersey, DUI (driving under the influence) and DWI (driving while intoxicated) are used interchangeably. You can be charged if:

Your blood alcohol concentration (BAC) is 0.08% or higher
You are impaired by alcohol or drugs, even with a lower BAC
You are underage (under 21) with any detectable alcohol in your system
You are driving under the influence of marijuana, prescription drugs, or illegal substances

Importantly, you don’t need to fail a breathalyzer to be charged. Officers can rely on field sobriety tests, video evidence, witness statements, and observed behavior to support an arrest.

Increased DUI Enforcement During The Summer

Holiday weekends are peak times for DUI enforcement. Law enforcement agencies across New Jersey participate in high-visibility efforts like:

Sobriety checkpoints
DWI saturation patrols
“Drive Sober or Get Pulled Over” campaigns

Because alcohol is often part of summertime festivities, police are on high alert for any signs of impaired driving. Even one drink can put you at risk of being pulled over, especially in nightlife-heavy areas like Hoboken, Asbury Park, and Morristown.

First-Time DUI Penalties in New Jersey

New Jersey’s DUI laws are strict—even for first-time offenders. Penalties vary based on your BAC and other circumstances.

BAC of 0.08% to 0.10%

Fine of $250 to $400
Up to 30 days in jail
License forfeiture for 3 months
Possible ignition interlock device installation
12–48 hours at the Intoxicated Driver Resource Center (IDRC)
Insurance surcharge

BAC of 0.10% to 0.15%

Fine ranging from $300 to $500
Up to 30 days in jail
License suspension lasting between 7 months and 1 year
Ignition interlock device required for 6 months and for an additional year after license reinstatement (for BAC of 0.15% or higher)
Mandatory attendance at the Intoxicated Driver Resource Center (IDRC)
Additional insurance surcharges

Second and Third DUI Offenses

Repeat DUI offenses carry significantly harsher consequences.

Second Offense (within 10 years)

Fine ranging from $500 to $1,000
License suspension for 2 years
Jail sentence between 2 and 90 days
30 days of mandatory community service
Installation of an ignition interlock device for 1 to 3 years after your license is reinstated
Required participation in the Intoxicated Driver Resource Center (IDRC)
Higher auto insurance premiums

Third Offense (within 10 years of second)

$1,000 fine
License suspension for 10 years
Mandatory 180-day jail sentence
Up to 90 days of community service
Ignition interlock device required for up to 3 years following license reinstatement
Substantial long-term financial impact, including fines, fees, and increased insurance costs

DUI With a Minor Passenger or in a School Zone

If you were arrested for DUI while:

Driving with a passenger under 17, or
In a school zone, or
Causing injury in an accident

You could face additional penalties, including extended license suspensions, higher fines, and more jail time.

DUI Involving Drugs or Marijuana

Driving under the influence of marijuana or any controlled substance is treated just as seriously as alcohol-related DUIs. Even legal marijuana use can result in DUI charges if you’re found to be impaired behind the wheel.

Penalties mirror those for alcohol-related DUIs, including fines, license suspension, and mandatory interlock devices.

What Happens After DUI Arrests?

After being charged with DUI, you’ll go through the municipal court system, not criminal court. However, the consequences are still severe and can follow you for years.

Here’s what to expect:

Court appearance – You’ll need to appear before a judge, often within days or weeks.
IDRC referral – You’ll be evaluated for substance abuse and may be ordered to complete education or treatment.
Fines and fees – Court costs, surcharges, and interlock expenses can total thousands.
License consequences – Depending on your case, you may lose your driving privileges.
Insurance hikes – You’ll likely face skyrocketing premiums or lose coverage altogether.

Can You Fight a DUI Charge?

Yes. A DUI charge doesn’t automatically equal a conviction. An experienced DUI attorney may be able to challenge:

The legality of the traffic stop
The accuracy of breathalyzer or field sobriety tests
Whether your rights were violated
Chain of custody issues for evidence
Officer error or lack of probable cause

In some cases, charges can be reduced or dismissed entirely. Your best chance is to act quickly and consult with a qualified DUI defense attorney who understands New Jersey’s laws.

Why You Should Take DUIs Seriously

A DUI arrest during can disrupt your life well beyond the initial encounter and its aftermath. Even a first-time conviction can affect your job, finances, family life, and driving privileges. If you’re a professional (such as a nurse, teacher, or commercial driver), it may even impact your license or certification.

New Jersey courts do not take DUI cases lightly. Prosecutors may push for maximum penalties to send a message during high-risk times of the year or holidays.

Charged With a DUI in New Jersey? Contact Team For Aggressive DUI/DWI Defense

If you were arrested for drunk driving and are facing penalties for DUI in New Jersey, you don’t have to face it alone. At Team Law, we’ve helped clients in cities like Hoboken, Asbury Park, and Morristown fight DUI charges, minimize penalties, and protect their future.

Our experienced criminal defense attorneys understand how New Jersey courts handle DUI arrests. We’ll analyze every detail of your case, challenge weak evidence, and help you navigate the legal process from start to finish.

Contact Team Law today for a free consultation. Don’t let one mistake or misunderstanding define your future. We’re here to defend your rights and help you move forward with confidence.

Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.