DUI: Driving Under the Influence
The 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 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 & surcharges |
Prison term
|
Community service requirement
|
|
7 months–
1 year |
$300–$500 fine $75/day 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 & surcharges |
Prison term
|
Community service requirement
|
|
3 months
|
$250–$400 fine $75/day 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 requirement
|
|
2nd offense within 10 years
|
2 years
|
$500–$1,000 fine $100/day 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
and 12–48 hours IDRC* |
|
3rd offense within 10 years of 2nd offense
|
10 years
|
$1,000 fine $100/day 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 |
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