The choice of an attorney is critical in this area as these are generally strict liability crimes which gives the State an easy case against you if not properly handled. One cannot plea bargain a DUI case in the State of New Jersey. The cases have to be successfully defended. Even first offenses in New Jersey carry mandatory loss of driving privileges. We appear in Courts throughout New Jersey and Eastern Pennsylvania representing those charged with Driving Under the Influence of Alcohol.

First offenses DUI matters in New Jersey, with a B.A.C. above .10% carry a minimum seven (7) month loss of driver licenses. First offenses with a B.A.C. above .08 but under .10 carry a three (3) month loss of licenses. Penalities increase if a refusal charge is also a component of a case.

Second offense DUI matters carry a minimum two (2) year loss of drivers licenses. Third offenses carry a minimum ten (10) year loss of driver’s license, plus six (6) months mandatory jail time.

For New Jersey, the new standard blood alcohol level is now .08% (down from .10% due to recent changes in State Law). There is a substantial amount of case law which is helpful in successfully defending and obtaining not guilty findings in this area of law.

Driving while in the Possession of C.D.S. carry a two (2) year loss of license.
If you are charged with any of these matter, call us to assist you. We have a great deal of experience assisting clients in these matters and regularly appear in courts through the State of New Jersey.

Mandatory Fines and Penalties in New Jersey

BAC of 0.10% or greater

License loss

Fines, fees & surcharges

Prison term

Community service, IDRC & Interlock

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*
BAC 0.15% or greater: ignition interlock device during license suspension and 6 months – 1 year following restoration

BAC greater than 0.08% but less than 0.10%

License loss

Fines, fees & surcharges

Prison term

Community service, IDRC & Interlock

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 & surcharges

Prison term

Community service, IDRC & Interlock

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

30 days CS
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration

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 CS (can reduce period of imprisonment)
12–48 hours IDRC*
Ignition interlock device during license suspension and 1-3 years following restoration

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 or non restoration
  • Action filed in State Superior Court by MVC. This may include securing a lien against your property, garnishing your wages or other similar action.
  • Liability for other offenses if caught driving while suspended

If you would like to discuss your case, you can contact us at 877-580-2200, use the form at the right, or email us at contact@southjerseylawyers.com

Evening hours are available and we offer a FREE initial consultation.