If you’re caught driving under the influence (DUI) in New Jersey, it’s important to understand the consequences that come with it. DUI is a serious offense and can lead to jail time, fines, license suspension or revocation, and even community service. In addition to the legal consequences, you may also have difficulty obtaining insurance in the future or even finding a job.
It’s important to understand what happens if you get a DUI in New Jersey and how it can affect your life. Keep reading to learn more about the penalties associated with DUI in New Jersey.
DUI in New Jersey
In the Garden State, DUI encompasses both alcohol and drug-related driving offenses. Interestingly, New Jersey doesn’t differentiate between an Alcohol DWI (driving while intoxicated) and a Drug DUI (driving under the influence).
![NJ UDI Law](https://njmcdirect.help/wp-content/uploads/2023/08/NJ-UDI-Law.jpg)
However, the penalties meted out can vary based on the blood alcohol content (BAC) at the time of the arrest.
The state recognizes two BAC thresholds:
- BAC above 0.08% but less than 0.10%.
- BAC higher than 0.10%.
If you’re found to have a BAC above 0.08%, which is the legal limit in New Jersey, you will be charged with a DUI or DWI as they are both treated the same by the state.
Immediate Consequences After Arrest
Upon being arrested for DUI in New Jersey, several immediate actions may be taken:
- License Suspension: Your driving license may be temporarily suspended.
- Vehicle Impoundment: The vehicle you were driving might be impounded.
- Alcotest/Breathalyzer: Refusing to take an Alcotest or Breathalyzer can result in additional penalties.
Legal Proceedings and Penalties
If you’re charged with a DUI, you’ll face legal proceedings that can result in various penalties:
1st Offense DWI Penalties and Fines
For first-time offenders with a BAC of at least 0.08% but lower than 0.10%, the penalties include:
- Loss of driving privileges for 3 months.
- Jail time between twelve hours and 30 days.
- Fines range from $250 to $400.
- A $1,000 annual automobile insurance surcharge for three years.
- Additional fees and surcharges exceeding $525.
- Potential Ignition Interlock requirement for six to twelve months.
- Alcohol/substance abuse assessment.
- Mandatory alcohol classes at an Intoxicated Driver Resource Center (IDRC).
For those with a BAC of 0.10% or higher, the penalties are more severe, including higher fines and longer license suspension.
DUI in a School Zone
Driving under the influence within a school zone carries additional penalties, including an extra fine of $500 to $800, up to 60 more days in jail, and an extended license suspension of one to two years.
2nd Degree DUI Penalties
For those convicted of a second DUI offense within ten years of the first, the penalties include:
- Fines between $500 and $1,000.
- 30 days of community service.
- 12 to 48 hours at the IDRC.
- $3,000 in automobile insurance surcharges over three years.
- Jail time between 2 and 90 days.
- A minimum of 2 years of license suspension.
- Mandatory Ignition Interlock device installation.
3rd Degree DUI Penalties
A third DUI offense within ten years of the second carries even steeper penalties:
- A minimum fine of $1,000.
- Up to 90 days of community service.
- 12 to 48 hours at the IDRC.
- $4,500 in automobile insurance surcharges over three years.
- 180 days in jail.
- 10 years of license suspension.
- Mandatory Ignition Interlock device installation.
Points System and Out-of-State Violations
New Jersey also has a points system for DUI offenses. Each offense will add points to your record, depending on the severity of the offense. Once you accumulate 12 or more points, you may face license suspension and additional fines and fees.
It’s also important to note that out-of-state DUI offenses may still result in penalties and consequences in New Jersey, including the loss of your license.
If you are convicted of a DUI outside of the state, it is still possible for New Jersey Motor Vehicle Commission (MVC) to take action against your driving privileges.
FAQs – People Also Ask
What happens when you get a DUI for the first time in NJ?
For a first-time DUI with a BAC between 0.08% and 0.10%, penalties include a 3-month license suspension, up to 30 days in jail, fines between $250 and $400, and mandatory alcohol classes at the Intoxicated Driver Resource Center (IDRC).
How serious is a DUI in NJ?
A DUI in NJ is a very serious offense and carries with it several potential penalties that can have significant consequences. In addition to the possible jail time, license suspension, fines, and mandatory IDRC classes, those convicted of a DUI may also face increased insurance premiums, loss of employment opportunities, and even civil liability for any accident or injury caused as a result of their impaired driving.
What is the legal BAC limit in NJ?
The legal BAC limit for drivers over 21 years of age in NJ is 0.08%. Drivers under the age of 21 are considered to be driving with an illegal BAC if it is above 0.02%. Those operating a commercial vehicle must maintain a BAC that is at or below 0.04%.
What happens if I refuse a breathalyzer test in NJ?
In NJ, refusing to submit to a breathalyzer test is considered an aggravated offense and carries with it additional penalties including extended jail time and fines. Refusing the test also results in an automatic license suspension of 6-12 months for first-time offenders, as well as additional license suspension if convicted of the DUI.
Can you go to jail for DUI in NJ?
Yes, it is possible to go to jail for a DUI in NJ. Depending on the circumstances and level of intoxication, penalties may include up to 30 days in jail for first-time offenders. Repeated offenses can be subject to longer jail terms.
How likely is jail time for the first DUI in NJ?
It is difficult to predict how likely it is for someone to be sentenced to jail time for a first-time DUI in NJ. The penalties are determined on a case-by-case basis and the judge typically takes into consideration any prior offenses, the driver’s BAC level, and the severity of any accident or injury caused as a result of their impaired driving.
Will a DUI ruin my life in NJ?
No, a DUI does not have to ruin your life in NJ. While it is an offense that should be taken seriously, with the right support and guidance it is possible for those convicted of a DUI to move on from the offense and continue leading successful lives. With the implementation of programs such as Ignition Interlock Devices and substance abuse counseling, many individuals are able to gain back their license and move forward.
How much does a DUI cost in NJ?
The cost of a DUI in NJ can vary significantly depending on the circumstances. Fines can range from $250 to $400 for first-time offenders, plus court costs and attorney fees. Mandatory alcohol classes at the Intoxicated Driver Resource Center (IDRC) typically cost between $100 and $200. Additionally, there may be additional costs associated with increased insurance premiums and any damage caused by the incident.
Do I need a lawyer for a DUI in NJ?
While not mandatory, it’s highly recommended to seek legal representation when facing a DUI charge to navigate the legal process and potentially reduce penalties.
How can I get rid of a DUI in NJ?
The best way to get rid of a DUI in NJ is by completing the necessary steps and requirements for successful completion of probation. This includes attending all court dates, not driving with any measurable amount of alcohol in your system, attending mandatory IDRC classes, meeting all other conditions set forth by the judge, and paying all fines/court fees. If those criteria are met, the DUI charge and penalties may be reduced or eliminated.
What is an Ignition Interlock Device in NJ?
An Ignition Interlock Device (IID) is a breathalyzer that is installed on your vehicle and requires you to blow into it before starting the car. It is used as an additional penalty for those convicted of DUI in NJ and requires the driver to maintain a BAC of 0.00% for the duration of their license suspension. The IID must be installed in the vehicle before driving is permitted, and regular check-ins with law enforcement are required.
Can a lawyer get you out of a DUI in NJ?
A lawyer cannot “get you out of” a DUI in NJ, but they can provide legal representation to help reduce the penalties. An experienced attorney will be familiar with the laws and process involved and work on your behalf to achieve the best possible outcome for your case.
Does DUI go away after 10 years in NJ?
No, DUI does not go away after 10 years in NJ. The conviction remains on your criminal record and drivers may be subject to harsher penalties for subsequent offenses. Additionally, a DUI will remain on your driving record indefinitely and can affect insurance premiums and employment opportunities.
How long does a DUI case take in NJ?
The length of a DUI case in NJ can vary depending on the circumstances and severity of the offense. Generally, cases are resolved within 6-9 months from the date of arrest. However, if there are extenuating factors such as an accident or injury, it may take longer for the case to be completed.
How long can a DUI case stay open in NJ?
A DUI case can stay open in NJ for up to two years, depending on the circumstances of the offense. After that time period, the prosecution will be unable to pursue charges further.
What is the difference between a DUI and a DWI in New Jersey?
In New Jersey, DUI stands for “driving under the influence” and DWI stands for “driving while intoxicated.” A DUI is a more serious offense than a DWI, as it involves operating a vehicle with a BAC of 0.08% or higher, which is considered an aggravated offense in NJ. A DWI is typically an offense involving a BAC of 0.05% or higher. Both offenses carry similar penalties, including fines, license suspension, and potential jail time.
Does NJ report DUI to other states?
Yes, NJ will report DUI offenses to other states. All 50 states are a part of the Interstate Driver’s License Compact (IDLC) and honor each other’s DUI convictions. As a result, if an individual is convicted of a DUI in NJ, it may be reported to their home state as well depending on which state they live in.
Is NJ DUI a felony?
No, DUI is not a felony in NJ. It is considered a misdemeanor offense and carries penalties such as fines, license suspension and possible jail time. However, repeat offenses or those that involve an accident or injury can be upgraded to felony charges depending on the severity of the situation.
Do you always lose your license with a DUI in NJ?
Yes, you will always lose your license with a DUI in NJ. License suspension is mandatory for any individual convicted of DUI and can range from 3 months to 2 years depending on the circumstances.
Can you refuse a DUI checkpoint in NJ?
No, you cannot refuse a DUI checkpoint in NJ. Drivers must stop at any sobriety checkpoint and comply with requests from police officers. Refusing to submit to a breathalyzer test can result in additional penalties that include license suspension and possible jail time.Can you drive after DUI NJ?
Can you drive after DUI NJ?
Yes, it is possible to drive after a DUI in NJ but only if certain conditions are met. Depending on the severity of the offense, individuals may be required to install an Ignition Interlock Device (IID) in their vehicle and receive special permission from the court. Additionally, regular check-ins with law enforcement are typically required for the duration of the license suspension.
Does a DUI stay on your record forever in NJ?
Yes, a DUI stays on your record forever in NJ. While some states may allow for expungement after a certain period of time, this is not the case in New Jersey. Additionally, the offense and any associated penalties will remain on your driving record indefinitely.
Will a DUI in New Jersey show up on a background check?
Yes, a DUI in New Jersey will show up on a background check. The offense is considered criminal and will remain on your record for life. Employers, landlords, universities, and other institutions may be able to access this information when conducting their own background checks.
Is a DUI a crime in NJ?
Yes, a DUI is considered a criminal offense in NJ. It carries penalties such as fines, license suspension, and possible jail time depending on the severity of the offense. Repeat offenders may face even harsher consequences and in some cases, felony charges can be applied.
How many points is DUI in NJ?
A DUI in NJ does not carry points on your license. However, the offense will remain on your driving record indefinitely and can affect insurance premiums or other licensing requirements.
How do I get my license back after a DUI in NJ?
In order to get your license back after a DUI in NJ, you must first complete the terms of your license suspension. This typically includes meeting with law enforcement for regular check-ins and installing an Ignition Interlock Device (IID) on your vehicle. Once those requirements have been met, you can submit an application to the DMV for reinstatement of your license.
How long is a license suspended for DUI in NJ?
The length of license suspension for DUI in NJ depends on the severity of the offense and number of prior convictions. Generally, it can range from 3 months to 2 years.
What to do if you get pulled over for DUI NJ?
If you are pulled over for DUI in NJ, it is important to remain calm and comply with the requests of the officer. Follow their instructions closely and answer their questions truthfully. It is also a good idea to contact an experienced DUI attorney immediately who can help navigate the process and ensure your rights are protected.
What are the chances of beating a DUI in NJ?
The chances of beating a DUI in NJ depend on the circumstances and evidence presented. An experienced DUI attorney can help evaluate your case and determine the best course of action for fighting the charges. With their help, it is possible to reduce or dismiss the charges depending on the situation.
Do you get probation for a DUI in NJ?
Yes, probation is common for a DUI in NJ. Depending on the severity of the offense and prior convictions, an individual may be ordered to serve 1-3 years of probation or community service. Probation also typically includes regular check-ins with law enforcement as well as other requirements such as counseling or substance abuse treatment.
What evidence is needed for DUI conviction in NJ?
In order to get a DUI conviction in NJ, the prosecution must prove beyond a reasonable doubt that the individual was driving while under the influence of alcohol or drugs. This is typically done by presenting evidence such as breathalyzer test results or eyewitness testimony. Additionally, any prior convictions may be used to enhance the penalty if applicable.
How does NJ treat out of state DUI?
NJ will treat out of state DUIs the same as it treats those committed within the state. All 50 states are a part of the Interstate Driver’s License Compact (IDLC) and honor each other’s DUI convictions. If an individual is convicted of a DUI in another state, it can be reported to their home state as well depending on which state’s laws are more strict. The penalties will then be applied accordingly.
Can I challenge the results of a breathalyzer test?
Yes, you can challenge the results of a breathalyzer test. It is important to remember that many times these tests are not administered correctly or the machine may be malfunctioning. An experienced DUI attorney can help evaluate your case and make sure the test was conducted properly before challenging it in court.
Can I drive with a restricted license after a DUI conviction?
Yes, you may be eligible to drive with a restricted license after a DUI conviction in NJ. The court may issue a conditional or probationary license if certain conditions are met such as installing an Ignition Interlock Device (IID) and completing regular check-ins with law enforcement. The restrictions vary depending on the severity of the offense and number of prior convictions.
Is your license suspended immediately after a DUI in NJ?
Yes, your license will be suspended immediately after a DUI in NJ. The length of the suspension depends on the severity of the offense and any prior convictions. Typically, you can expect to receive notification of this suspension within 48 hours of being charged with the offense. You may then be able to request a hearing with the DMV for possible reinstatement of your license in certain circumstances.
What is the minimum sentence for a DUI in New Jersey?
The minimum sentence for a DUI in New Jersey is imprisonment up to 30 days and/or a fine of $250 – $400. Additionally, license suspension or revocation can also be required depending on the severity of the offense and any prior convictions.
Can a DUI be dismissed in NJ?
Yes, in certain cases a DUI can be dismissed or reduced to a lesser charge in NJ. An experienced DUI attorney can help evaluate your case and determine the best course of action for fighting the charges. With their help, it is possible to reduce or dismiss the charges depending on the circumstances and evidence presented.
How do I get a DUI off my driving record in NJ?
Unfortunately, a DUI cannot be removed from your driving record in NJ. The offense will remain on your record indefinitely and can affect insurance premiums or other licensing requirements. However, an experienced DUI attorney may be able to help mitigate the consequences associated with the offense and potentially reduce or dismiss the charges depending on the situation.
Is a DUI in NJ a felony or misdemeanor?
Typically, a DUI in NJ is considered a misdemeanor offense unless the individual has multiple prior convictions or caused serious injury or death while driving under the influence. In those cases, it can be charged as a felony.
How many insurance points is a DUI in NJ?
The amount of insurance points for a DUI in NJ depends on the circumstances and severity of the offense. Generally, it can range from 3-9 points depending on the number of prior convictions and other factors. These points remain on your record for up to five years and can impact insurance premiums or other licensing requirements.