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
| Penalty | First offense | Second offense | Third offense |
|---|---|---|---|
| Jail | up to 30 days, plus 12 to 48 hours at an Intoxicated Driver Resource Center (IDRC) over two consecutive days | 48 consecutive hours to 90 days | at 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 |
| Fine | 0.08 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 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 | 1 to 2 years | 8 years |
| Ignition interlock | required: 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 returned | required 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)
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)
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
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.