All persons convicted of these offenses are subject to the following penalties (Note: If the offense occurs in a School Zone, the following penalties are increased!)
First Offense DWI/DUI Penalties (39:4-50)
- A fine a $250-500
- Imprisonment for up to 30 days
- A 90 day license suspension if your Blood Alcohol Concentration (BAC) is 0.08% but not greater than 0.10%
- A seven month to one year license suspension if your BAC is 0.10% or higher
- 12 to 48 hours in the Intoxication Driver Resource Center (IDRC), at a charge of $75.00 per day
- $200 surcharge to be deposited in a drunk driving enforcement fund
- An insurance surcharge of $1,000 a year for three years
- A Motor Vehicle Commission restoration fee of $100
- An Intoxicated Driving Program fee of $100
- A Violent Crimes Compensation Fund fee of $50
- A Safe and Secure Community Program fee of $75
Second Offense
- A fine of $500-$1000
- Imprisonment of at least 48 consecutive hours, and up to 90 days
- Two-year license suspension
- 48 consecutive hours detainment in a regional IDRC at a charge of $100 a day
- 30 days Community Service
- $200 surcharge to be deposited in a drunk driving enforcement fund
- An insurance surcharge of $1,000 a year for three years
- A Motor Vehicle Commission restoration fee of $100
- An Intoxicated Driving Program fee of $100
- A Violent Crimes Compensation Fund fee of $50
- A Safe and Secure Community Program fee of $75
Third Offense
- A fine of $1,000
- Imprisonment of 180 days
- 10-year license suspension
- Detainment in an in-patient alcoholism treatment program
- Requirements to be set by IDRC
- A fee to be paid to IDRC
- $200 surcharge to be deposited in a drunk driving enforcement fund
- An insurance surcharge of $1,500 a year for three years
- A Motor Vehicle Commission restoration fee of $100
- An Intoxicated Driving Program fee of $100
- A Violent Crimes Compensation Fund fee of $50
- A Safe and Secure Community Program fee of $75
Refusal To Submit To Breath Test (39:4-50.4a)
- 1 st Offense — $250-$500 fine and seven month license suspension
- 2 nd Offense — $250-500 fine and two-year license suspension
- 3 rd % Subsequent Offenses — $250-$500 fine and ten year license suspension
- Insurance Surcharge of $1,000 a year for three (3) years
- Requirements set by the Intoxication Driver Program / Intoxication Drive Resource Center
Driving with A Suspended License Due to Driving While Intoxicated
- A fine of $1,000
- 10 to 90 days imprisonment (If you have an accident and someone is hurt while your license is suspended, you face a mandatory 45 days jail sentence
- One (1) to Two (2) year license suspension
- Revocation of motor vehicle registration privilege
Underage Drinking/Driving
If you are under 21 years old and buy or drink alcohol in a place with an alcoholic beverage license, you may be fined $500 and lose your driver's license of 6 months.
If you do not have a driver's license, the suspension starts when you are first eligible to receive a license. If you drink in a motor vehicle, you will add 30 days to your suspension.
Misrepresent your age or buy alcoholic beverages for those under 21 and you will be fined $500 and lose your license for 6 months.
If you are under 21 and drive with a Blood Alcohol Concentration (BAC) of 0.01 present or more, you will be subject to the following penalties:
- Loss or postponement of driving privileges for 30 to 90 days
- 15 to 30 days of community service
- Participation in a program of alcohol education and highway education safety
To reach a BAC of 0.01 percent, you only need one alcoholic drink. If you are under 21 and drive while under the influence of alcohol and/or drugs, subject to all the penalties for driving under the influence.
You may view New Jersey Motor Vehicle Commission DUI fines and penalties by going to http://www.state.nj.us/mvc/Violations/dui.htm.
Sitzler & Sitzler
1487 State Highway 38 West
Hainesport, NJ 08036-2995
Phone: 609-267-1101
Fax: 609-261-0686
E-mail

