DUI and Other Traffic Offenses

DUI criminal charges are prosecuted in the local Superior Courts. Convictions require minimum, mandatory jail sentences and years of probation supervision. Any conviction stays on your record for ten years and can result in additional drivers license suspension/revocation

To get the best possible result in your DUI case, you need an experienced, knowledgeable defense attorney. Our law firm can help you. We are skilled and updated in DUI law. We work with investigators, toxicologists, and other experts to properly analyze your situation and defend you aggressively. We will either settle your case favorable or defend you at trial. We know the best ways to protect you, your criminal record, and your drivers license.

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 and surcharges
  • License suspension
  • Ignition interlock device
  • 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, 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
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, 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

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

*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

Breathalyzer test

In New Jersey if you get arrested for a DUI, you must take a Breathalyzer test. When you get your license in New Jersey, you give consent for this test, known as "implied consent." If you refuse to take a Breathalyzer test, you will be detained and brought to a hospital where hospital staff may draw blood.

If you refuse a Breathalyzer test, you will face the same loss of driving privileges as a DUI offense.

Mandatory fines and penalties

Offense License Loss Fines, fees & surcharges Program requirement
1st 7 months – 1 year
1-2 years; school zone
$300-$500 fine
$600-$1,000 fine; school zone
$230/day IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
12 hours minimum IDRC*
2nd 2 years
4 years; school zone
$500-$1,000 fine
$1,000-$2,000 fine; school zone
$230/day IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,000/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
12 hours minimum IDRC*
3rd and subsequent 10 years
20 years; school zone
$1,000 fine
$2000 fine; school zone
$230/day IDRC* fee
$100 to drunk driving fund
$100 to AERF*
$1,500/year (for 3 years) surcharge
$75 to Neighborhood Services Fund
12 hours minimum IDRC*

* IDRC - Intoxicated Driver Resource Center
* AERF - Alcohol Education and Rehabilitation Fund
* Alcohol and drug-related offenses require completion of an alcohol screening and evaluation

Underage DUI

If you are under 21 years old and are convicted for driving or boating with a BAC of .01% or higher, the following penalties apply:

  • 30–90 day license suspension
  • Possible combination of the minimum sentences above and select DUI Mandatory Fines and Penalties, depending on the situation
  • 15–30 days mandatory community service
  • Participation in alcohol education and highway safety programs at an Intoxicated Driver Resource Center
  • If you are unlicensed and under 17 years of age at the time of the incident, you are subject to a 30–90 day delay in processing your driver license

Intoxicated Driver Program (IDP)

Any person convicted of an alcohol related traffic offense must participate in a program at an Intoxicated Driving Resource Center (IDRC):

  • New Jersey has an IDRC in each county for first and third-time offenders and three regional centers for second-time offenders
  • During the program, offenders attend mandatory Alcohol and Highway Safety Education courses
  • IDRC also evaluates each offender for an alcohol or drug problem and determines the need for treatment
  • If treatment is needed, the offender must complete a 16-week minimum treatment
  • IDRC monitors compliance and reports noncompliance to the courts and IDP. IDP makes recommendation to the MVC for suspension or restoration based on the offender’s successful completion of conviction requirements.
Satisfactory participation in IDRC is a step toward restoring your license. Failure to comply will result in further license suspension and possible jail time.

IDRC fees and other related charges may apply:

Charge Paid To
$100 attendance fee MVC
$230 first offender fee IDRC
$280 second offender fee IDRC
$100 license restoration fee MVC

The NJ Department of Human Services, Division of Mental Health and Addiction Services, Intoxicated Driving Program coordinates the operation of the following centers:

County Phone
Atlantic (609) 645-5932
Bergen (201) 655-7490
Burlington (609) 265-5855
Camden (856) 669-0820
Cape May (609) 465-9001
Cumberland & Salem (856) 794-1011
Essex (973) 395-8425
Gloucester (856) 232-4840 ext. 101 or 102
Hudson (201) 795-4683
Hunterdon (908) 788-1900
Mercer (609) 394-8988 ext. 58
Middlesex (732) 745-4500
Monmouth (732) 308-3713
Morris (973) 538-5327 ext. 141, 142, 130
Ocean (732) 341-9700 ext. 7513 or 7514
Passaic (973) 777-2048 ext. 15
Salem & Cumberland (856) 794-1011
Somerset (908) 704-6304
Sussex (973) 948-9600 ext. 1370
Union (908) 527-4791
Warren (973) 538-5327 ext. 141, 142, 130
48–Hour IDRC
North Region Passaic County (973) 777-2048 ext.15
Central Region Monmouth County (732) 264-8210
South Region Atlantic County (609) 645-5932