New Jersey · DWI · Checked October 2026

DWI Laws in New Jersey

What Happens if You Get a DWI in New Jersey?

New Jersey calls it DWI, and the legal limit for adult drivers is 0.08 blood alcohol content.

First offense jail
Up to 30 days, plus 12 to 48 hours at an Intoxicated Driver Resource Center (IDRC) over two consecutive days
First offense fine
0.08 to under 0.10 or observational evidence: $250 to $400; 0.10 or higher, or drugs: $300 to $500
First offense license
0.08 to under 0.10: license forfeited until an ignition interlock is installed; 0.10 to under 0.15: forfeited until an interlock is installed; 0.15 or higher, or drugs: forfeited until an interlock is installed and then for 4 to 6 months after installation

New Jersey DWI Laws: Key Facts

Legal limit (adults)
0.08 BACN.J.S.A. 39:4-50(a) as amended by P.L.2019, c.248; N.J.S.A. 39:4-50.14
Drivers under 21
0.01 BAC (0.01 or more but less than 0.08 for a driver under 21)
Enhanced penalties from
0.15 BAC
Lookback period
10 years

New Jersey DWI Penalties by Offense

DWI penalties in New Jersey for a first, second and third offense
PenaltyFirst offenseSecond offenseThird offense
Jailup to 30 days, plus 12 to 48 hours at an Intoxicated Driver Resource Center (IDRC) over two consecutive days48 consecutive hours to 90 daysat least 180 days in county jail; the court may reduce it by each day (up to 90) spent in an inpatient drug or alcohol rehabilitation program
Fine0.08 to under 0.10 or observational evidence: $250 to $400; 0.10 or higher, or drugs: $300 to $500$500 to $1,000$1,000
License suspension0.08 to under 0.10: license forfeited until an ignition interlock is installed; 0.10 to under 0.15: forfeited until an interlock is installed; 0.15 or higher, or drugs: forfeited until an interlock is installed and then for 4 to 6 months after installation1 to 2 years8 years
Ignition interlockrequired: 3 months (0.08 to under 0.10); 7 months to 1 year (0.10 to under 0.15); during forfeiture and 9 to 15 months after (0.15 or higher)required during the forfeiture and for 2 to 4 years after the license is returnedrequired during the forfeiture and for 2 to 4 years after the license is returned

First offense: N.J.S.A. 39:4-50(a)(1); N.J.S.A. 39:4-50.17(a) (as amended by P.L.2019, c.248) · Second offense: N.J.S.A. 39:4-50(a)(2); N.J.S.A. 39:4-50.17(b) (as amended by P.L.2019, c.248) · Third offense: N.J.S.A. 39:4-50(a)(3); N.J.S.A. 39:4-50.17(b) (as amended by P.L.2019, c.248)

When Penalties Are Higher

  • BAC 0.15 or higher, or drug-related DWI (first offense): license forfeited until an interlock is installed and for 4 to 6 months after; interlock kept 9 to 15 months after the forfeitureN.J.S.A. 39:4-50(a)(1); N.J.S.A. 39:4-50.17(a)(2)
  • DWI in a school zone or school crossing: MVC lists higher fines (first: $600 to $1,000; second: $1,000 to $2,000; third: $2,000) and longer license loss

More on New Jersey DWI penalties · Estimate penalties for your situation

If You Refuse a Breath or Blood Test

a refusal conviction carries license forfeiture and an interlock: first, forfeited until an interlock is installed, with the interlock kept 9 to 15 months, and a $300 to $500 fine; second, 1 to 2 years after installation and $500 to $1,000; third or later, 8 years after installation and $1,000. MVC says officers may take you to a hospital for a blood drawN.J.S.A. 39:4-50.4a(a); N.J.S.A. 39:4-50.17 (as amended by P.L.2019, c.248)

Official source: if you refuse a breath or blood test in New Jersey

Ignition Interlock

First offense: yes for every first offense: 3 months (0.08 to under 0.10), 7 months to 1 year (0.10 to under 0.15), 9 to 15 months after a 4- to 6-month forfeiture (0.15 or higher, or drugs) Repeat offenses: during the forfeiture and for 2 to 4 years after the license is returned devices must be installed in New Jersey by an MVC-licensed installer; driving without a court-ordered interlock can bring denial of restoration and an extra 1-year suspension (MVC)

Official source: ignition interlock in New Jersey

Drivers Under 21

a driver under 21 with a BAC of 0.01 or more (but under 0.08) violates the underage law 30 to 90 days license suspension, 15 to 30 days community service, and alcohol education at an IDRC; unlicensed drivers under 17 face a 30- to 90-day delay in getting a license (MVC)

Official source: drivers under 21 in New Jersey

Driving After Using Drugs

yes: the same law covers driving under the influence of a narcotic, hallucinogenic or habit-producing drug, and it can be proven by observation without a BAC result

Official source: driving after using drugs in New Jersey

More on DWI Law in New Jersey

For the state's own guidance, see NJ MVC Suspensions and Restorations: DUI.

This page summarizes New Jersey law from official sources, checked October 2026. It isn't legal advice; laws change, and a lawyer licensed in New Jersey can advise on your case.

Frequently Asked Questions

What Is the Penalty for a First DWI in New Jersey?

Jail: up to 30 days, plus 12 to 48 hours at an Intoxicated Driver Resource Center (IDRC) over two consecutive days. Fine: 0.08 to under 0.10 or observational evidence: $250 to $400; 0.10 or higher, or drugs: $300 to $500. License suspension: 0.08 to under 0.10: license forfeited until an ignition interlock is installed; 0.10 to under 0.15: forfeited until an interlock is installed; 0.15 or higher, or drugs: forfeited until an interlock is installed and then for 4 to 6 months after installation.

Sources

  1. Blood alcohol limits: N.J.S.A. 39:4-50(a) as amended by P.L.2019, c.248; N.J.S.A. 39:4-50.14
  2. Penalties

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