DWI – Penalties for Offenses

First Offense: (Operating or allowing operation)
0.08% but less than 0.10% (per se) or under the influence of intoxicating liquor (observation)
Fine: $250.00 to $400.00
DWI Surcharge $100.00
DDEF Surcharge $100.00
Assessments $6.00
Court Costs Up to $33.00
Safe Neighborhood (SNSF) $75.00
VCCA $50.00
IDRC*: 12 to 48 Hours
Jail: Up to 30 Days
Loss of D.L.: 3 Months
Interlock for Principal Vehicle : Optional – 6 months to 1 year (if required-only following the suspension period)
Facility Visitation: Optional

 

First Offense: (Operating or allowing operation)
0.10% or higher (per se) or under the influence of drugs(observation)
Fine: $300.00 to $500.00
DWI Surcharge $100.00
DDEF Surcharge $100.00
Assessments $6.00
Court Costs Up to $33.00
Safe Neighborhood (SNSF) $75.00
VCCA $50.00
IDRC*: 12 to 48 Hours
Jail: Up to 30 Days
Loss of D.L.: 7 Months to 1 Year
Interlock for Principal Vehicle : Mandatory 6 months to 1 year if .15 or higher BAC. Required during license suspension and this additional period. Optional-if less than .15 BAC – 6 months to l year following suspension period.
Facility Visitation: Optional

 

Second Offense: (Operating or allowing operation)
0.08% or higher (per se) or under the influence of intoxicating liquor or drugs (observation)
Fine: $500.00 to $1,000.00
DWI Surcharge $100.00
DDEF Surcharge $100.00
Assessments $6.00
Court Costs Up to $33.00
Safe Neighborhood (SNSF) $75.00
VCCA $50.00
IDRC*: In accordance with individual treatment classification (usually 48 Hours)
Jail: 2 Days to 90 Days (Court may authorize two days through IDRC)
Loss of D.L.: 2 Years
Community Service: 30 Days
Interlock for Principal Vehicle : 1-3 years mandatory- required during license suspension and this additional period
Facility Visitation: Optional

 

Third Offense: (Operating or allowing operation)
0.08% or higher (per se) or under the influence of intoxicating liquor or drugs (observation)
Fine: $1,000.00
DWI Surcharge $100.00
DDEF Surcharge $100.00
Assessments $6.00
Court Costs Up to $33.00
Safe Neighborhood (SNSF) $75.00
VCCA $50.00
IDRC*: In accordance with individual treatment classification
Jail: 180 Days (up to 90 days can be served through inpatient program approved by IDRC).Note: Jail cannot be served through IDRC, Community Service or Work Release x(SLAP)***.
Loss of D.L.: 10 Years
Interlock for Principal Vehicle : 1-3 years mandatory- required during license suspension and this additional period
Facility Visitation: Optional
* “IDRC” – Intoxicated Driver Resource Centers
**State v. Luthe, 383 N.J.Super. 512 (App. Div. March 6, 2006)
As of January 10, 2011 — N.J.S.A. 39:4-50(a)