What are DWI penalties in New Jersey?

New Jersey is unique: DWI is a traffic offense, not a crime, under N.J.S.A. 39:4-50. There is no jury trial right and no felony classification — but penalties are still severe.

1. BAC Limits — .08% for drivers 21+, .04% for commercial drivers, .01% for drivers under 21 (zero tolerance under N.J.S.A. 39:4-50.14).

2. First Offense — BAC .08 to less than .10 — Up to 30 days jail (rarely imposed), $250-$400 fine, IID for 3 months in lieu of license forfeiture (per S.B. 824, effective Dec. 2019), 12-48 hours at the Intoxicated Driver Resource Center (IDRC), $1,000/year surcharge for 3 years.

3. First Offense — BAC .10 to less than .15 — Up to 30 days jail, $300-$500 fine, 7-12 month IID and 7-12 month license forfeiture (until IID installed), IDRC, surcharges.

4. First Offense — BAC .15 or higher — License forfeiture for 4-6 months PLUS IID during forfeiture and 9-15 months after restoration, $300-$500 fine, IDRC.

5. Second Offense within 10 years — 2-90 days jail (mandatory minimum 48 hours), $500-$1,000 fine, 1-2 year license forfeiture, 30 days community service, IID for 2-4 years.

6. Third Offense within 10 years — 180 days jail (mandatory minimum, with up to 90 days substitutable for inpatient treatment), $1,000 fine, 8-year license forfeiture, IID for 2-4 years after restoration.

7. Refusal (N.J.S.A. 39:4-50.4a) — Separate offense with similar penalties: first refusal carries IID for 9-15 months and $300-$500 fine; second refusal triggers 1-2 year license forfeiture; third triggers 8-year forfeiture.

8. DWI in a School Zone (§ 39:4-50(g)) — Doubles all penalties.

9. Aggravating Factors — Minor passenger is a separate disorderly persons offense; high BAC enhances penalties significantly under the new IID-focused framework.

10. No Plea Bargaining — New Jersey municipal courts traditionally prohibit plea bargaining DWI charges down to a lesser offense.

This is legal information, not legal advice.