DUI: Driving Under the InfluenceThe only scientific way to determine whether a driver is under the influence is through blood alcohol concentration (BAC). Your BAC can be tested with a simple Breathalyzer test.
In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI).
Being convicted of a DUI is a serious offense, carrying heavy penalties including:
- Fines, Fees and surcharges
- Jail time
- Community service
Mandatory fines and penalties:
| Alcohol or Drug Related DUI with BAC of 0.10% or Greater |
|
License Loss |
Fines, Fees, & Furcharges |
Prison Term |
Community Service Requirement |
|
7 Months - 1 Year |
$300–$500 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
|
Up to 30 Days |
12-48 Hours *IDRC |
| Alcohol or Drug Related DUI with BAC Greater Than 0.08% but Less Than 0.10% |
|
License Loss |
Fines, Fees, & Furcharges |
Prison Term |
Community Service Requirement |
|
3 Months |
$250–$400 fine
$230 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
|
Up to 30 Days |
12-48 Hours *IDRC |
| Repeated DUI Convictions |
|
Offense |
License Loss |
Fines, Fees, & Furcharges |
Prison Term |
Community Service Requirement |
|
2nd Offense Within 10 Years |
2 Years |
$500–$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
|
48 Hours - 90 Days |
130 days and 12–48 hours IDRC* |
|
3rd Offense Within 10 Years of 2nd Offense |
10 Years |
$1,000 fine
$280 IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
|
180 Days |
Up to 90 days (can reduce period of imprisonment) and 12–48 hours IDRC* |
Related Offenses
| Driving or Riding With an Open Container |
|
Offense |
Fines |
Community Service |
|
1st |
$200 |
- |
|
2nd |
$250 |
10 Days |
| Driving With a DUI Suspension |
|
License Loss |
Fines or Surcharges |
Prison Term |
|
Additional 1–2 Years |
$500 fine
$250/year (for 3 years) surcharge
|
10–90 Days |
| Driving While Possessing Drugs |
|
License Loss |
Fines or Surcharges |
|
2 Years |
Minimum $50 Fine |
Notes:
- *IDRC - Intoxicated Driver Resource Center
- *AERF - Alcohol Education and Rehabilitation Fund
- Underage drinking may cause a six-month delay in getting a license
- Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program
Failure to pay DUI surcharges will result in:
- Indefinite suspension of driving privileges
- Action filed in State Superior Court by MVC. This may include securing a lien against your property, garnishing your wages or other similar action