New Jersey · DWI · Checked October 2026
New Jersey DWI Penalties: First, Second and Third Offense
New Jersey DWI Penalties: What Are the Rules?
New Jersey sets DWI penalties by offense, and they rise with each conviction.
- 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
- 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 |
Other First Offense Penalties in New Jersey
- IDRC program and fee
- $1,000 a year insurance surcharge for 3 years (MVC)
- $100 to the Drunk Driving Enforcement Fund and $100 to the Alcohol Education, Rehabilitation and Enforcement Fund (MVC)
Other Second Offense Penalties in New Jersey
- 30 days of community service
- IDRC program
- $1,000 a year insurance surcharge for 3 years (MVC)
Official source: other second offense penalties (New Jersey)
Other Third Offense Penalties in New Jersey
- IDRC program
- $1,500 a year insurance surcharge for 3 years (MVC)
When Penalties Are Higher in New Jersey
- 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 forfeiture
- 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
How Far Back Prior Offenses Count in New Jersey
10 years. a second offense more than 10 years after the first is sentenced as a first offense; a third offense more than 10 years after the second is sentenced as a second offenseN.J.S.A. 39:4-50(a)(3)
Official source: how far back prior offenses count (New Jersey)
More on DWI Law in New Jersey
See the full overview of DWI laws in New Jersey and read about first-offense DUI penalties across the states.
This page summarizes New Jersey law from official sources, checked October 2026. It isn't legal advice; 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.
What Is the Penalty for a Second DWI in New Jersey?
Jail: 48 consecutive hours to 90 days. Fine: $500 to $1,000. License suspension: 1 to 2 years.