New Jersey · DWI

New Jersey DWI laws and penalties

New Jersey's legal BAC limit is 0.08%. For a first offense, New Jersey's statute provides jail of up to 30 days and a fine of $250 to $400. The license hearing, the ignition interlock rule and the statute behind every figure are below.

In New Jersey the offense is called DWI (driving while intoxicated). It is the offense most states call DUI.

Figures read from official pages on Oct 26, 2026.

Legal BAC limit: 0.08%; Standard US limit
Enhanced penalty BAC: 0.10%; Where the penalties step up
Zero tolerance (under 21): 0.01%; Limit for drivers under 21
Lookback period: 10 years; Prior DWI offenses that count

License hearing: no fixed request deadline

New Jersey has no administrative license hearing after a DUI arrest: the municipal court imposes the license forfeiture on conviction, a test refusal included.

Ignition interlock required after a first conviction

Higher BAC level. The first-offense penalty steps up at 0.10 (fine $300 to $500 instead of $250 to $400, and the interlock is kept 7 months to 1 year instead of 3 months) and again at 0.15 or more (the license is forfeited for three months after the interlock is installed, and the device is kept 12 to 15 months).

Ignition interlock. Kept after the license is restored: 3 months for a first offense at 0.08 to under 0.10, 7 months to 1 year at 0.10 to under 0.15, 12 to 15 months at 0.15 or more.

The first-offense penalty is set by alcohol level (R.S. 39:4-50): at 0.08 to under 0.10 the fine is $250 to $400, the license is forfeited only until an ignition interlock is installed, and the device is kept 3 months; at 0.10 to under 0.15 the fine is $300 to $500 and the device is kept 7 months to 1 year; at 0.15 or more the license is forfeited for three months after the device is installed and the device is kept 12 to 15 months after the license is returned. A second offense within 10 years: $500 to $1,000, 48 hours to 90 days in jail, license forfeited 1 to 2 years, interlock 2 to 4 years. The words are those of the chapter laws on the Legislature's site.

01Penalties

New Jersey DWI penalties

Statutory ranges for standard DWI convictions (no accident, no minor in vehicle).

New Jersey statutory DWI penalties, first and second offense
Penalty	1st offense	2nd offense
Jail (minimum)	None	48 hours
Jail (maximum)	30 days	90 days
Fine (minimum)	$250	$500
Fine (maximum)	$400	$1,000
License suspension	Until an ignition interlock device is installed (no fixed period)	1 to 2 years

Statutory ranges only. Actual outcomes vary by county, judge, and attorney. Does not include court fees, surcharges, or program costs.

02Compare

How New Jersey compares

Of the 49 states with a confirmed BAC limit, 48 (New Jersey among them) use 0.08%; Utah has 0.05%.

On this site's reading of the statutes, of the 49 states with a confirmed rule, 21 require an ignition interlock after every first conviction, 18 in some cases and 8 leave it to the judge; 2 do not require one. New Jersey requires one after every first conviction.

New Jersey and the states that border it, first-offense figures side by side
State	BAC limit	Hearing request	Interlock, first offense	Jail, first offense	Fine, first offense	License, first offense
Delaware	0.08%	15 days	Required	Up to 12 months	$500 to $1,500	12 months
New Jersey (this page)	0.08%	No fixed deadline	Required	Up to 30 days	$250 to $400	Until an ignition interlock device is installed
New York	0.08%	No fixed deadline	Required	Up to 1 year	$500 to $1,000	6 months minimum revocation
Pennsylvania	0.08%	30 days	In some cases	Up to 6 months	$300	None

Every figure is the statute's own, read from the same kind of page. See DUI laws and penalties for all 50 states.

03The process

How a DWI case moves through the system in New Jersey

The typical sequence, in general terms. Timing and details differ by county and by case.

Arrest and booking
Police arrest a driver on suspicion of DWI and take the person to the local jail, where booking records the arrest, the charge and the times.
Release
A person is released after posting bail, on their own recognizance, or after a hold. Amounts and timing differ by county.
License action
New Jersey has no administrative license hearing after a DUI arrest: the municipal court imposes the license forfeiture on conviction, a test refusal included.
Arraignment
The first court appearance, where the charge is read and a plea (guilty, not guilty or no contest) is entered.
Pretrial resolution
A case can end in a plea to a reduced charge, in a diversion or deferred program where the state has one, in a trial, or in a dismissal, depending on the state and the facts.
Sentencing or trial
For a first offense, New Jersey's statute provides jail of up to 30 days and a fine of $250 to $400. See the penalties table above.

04Sources

Where New Jersey's figures come from

Each figure was read on the official page linked here on Oct 26, 2026, and the quoted words were checked against the page the day it was read. The exact words are below so you can check them. Found a mistake? Write to hello@duiarrested.com with the state and the figure.

N.J.S.A. 39:4-50(a) (R.S.39:4-50) (pub.njleg.gov)Main statute · BAC limit, age 21 and over · Higher BAC level · Lookback period · License hearing request · First offense: jail, minimum · First offense: jail, maximum · First offense: fine, minimum · First offense: fine, maximum · First offense: license · Second offense: jail, minimum · Second offense: jail, maximum · Second offense: fine, minimum · Second offense: fine, maximum · Second offense: license
N.J.S.A. 39:4-50.14 (pub.njleg.gov)BAC limit under 21
C.39:4-50.17(a)(1)(a) (N.J.S.A. 39:4-50.17); N.J.S.A. 39:4-50(a)(1)(i) (pub.njleg.gov)Ignition interlock, first offense

Show the exact words behind each figure

Main statute

N.J.S.A. 39:4-50

N.J.S.A. 39:4-50(a) (R.S.39:4-50)

39:4-50. (a) A person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08 percent or more by weight of alcohol in the defendant's blood

BAC limit, age 21 and over

0.08%

N.J.S.A. 39:4-50(a)

or operates a motor vehicle with a blood alcohol concentration of 0.08 percent or more by weight of alcohol in the defendant's blood

Higher BAC level

0.10%

N.J.S.A. 39:4-50(a)(1)(ii); C.39:4-50.17

(ii) if the person's blood alcohol concentration is 0.10 percent or higher, ... to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours

BAC limit under 21

0.01%

N.J.S.A. 39:4-50.14

Any person under the legal age to purchase alcoholic beverages who operates a motor vehicle with a blood alcohol concentration of 0.01% or more, but less than 0.08%, by weight of alcohol in his blood, ... for a period of not less than 30 or more than 90 days

Lookback period

10 years

N.J.S.A. 39:4-50(a), closing paragraphs

if the second offense occurs more than 10 years after the first offense, the court shall treat the second conviction as a first offense for sentencing purposes

License hearing request

No fixed deadline

N.J.S.A. 39:4-50(c); C.39:4-50.4a(a)

(c) Upon conviction of a violation of this section, the court shall collect forthwith the New Jersey driver's license or licenses of the person so convicted and forward such license or licenses to the chief administrator.

Ignition interlock, first offense

Required after a first conviction

C.39:4-50.17(a)(1)(a) (N.J.S.A. 39:4-50.17); N.J.S.A. 39:4-50(a)(1)(i)

in sentencing a first offender under subparagraph (i) of paragraph (1) of subsection (a) of R.S.39:4-50, whose blood alcohol concentration was at least 0.08% but less than 0.10%, ... the court shall order, in addition to any other penalty imposed by that section, the installation of an ignition interlock device ... which shall remain installed for three months.

First offense: jail, minimum

None

N.J.S.A. 39:4-50(a)(1)(i)

to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days.

First offense: jail, maximum

30 days

N.J.S.A. 39:4-50(a)(1)(i)

to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours ... in the discretion of the court, a term of imprisonment of not more than 30 days.

First offense: fine, minimum

$250

N.J.S.A. 39:4-50(a)(1)(i)

Same passage as above.

First offense: fine, maximum

$400

N.J.S.A. 39:4-50(a)(1)(i)

Same passage as above.

First offense: license

Until an ignition interlock device is installed (no fixed period)

N.J.S.A. 39:4-50(a)(1)(i); C.39:4-50.17(a)(1)(a)

In addition, the court shall order the person to forfeit the right to operate a motor vehicle over the highways of this State until the person installs an ignition interlock device in one motor vehicle the person owns, leases, or principally operates

Second offense: jail, minimum

48 hours

N.J.S.A. 39:4-50(a)(2)

and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, or more than 90 days

Second offense: jail, maximum

90 days

N.J.S.A. 39:4-50(a)(2)

Same passage as above.

Second offense: fine, minimum

$500

N.J.S.A. 39:4-50(a)(2)

(2) For a second violation, a person shall be subject to a fine of not less than $500 nor more than $1,000

Second offense: fine, maximum

$1,000

N.J.S.A. 39:4-50(a)(2)

Same passage as above.

Second offense: license

1 to 2 years

N.J.S.A. 39:4-50(a)(2)

and shall forfeit the right to operate a motor vehicle over the highways of this State for a period of not less than one year or more than two years upon conviction

05Related

MapUS DUI Arrest Rate MapEvery state as one tile, colored by DUI arrests per 100,000 residents.
CalculatorDUI License-Hearing WindowThe hearing request window listed for each state, counted from a date you enter.

Note: This page summarizes state statutes and published figures. It is general information, not legal advice, and it may be out of date or incomplete. Penalty ranges are statutory ranges; actual outcomes depend on the case. See the Disclaimer.

New Jersey DWI laws at a glance