A DWI is a serious violation, and the consequences ramp up with each subsequent offense. That’s why it is so important to have an experienced DWI defense attorney who can review your case, spot potential weaknesses, and work to get your charges dismissed or reduced—or to negotiate the most favorable outcome possible for you. Below are the New Jersey DWI penalties. If you have been charged with DWI, contact our office to schedule a confidential consultation.

Q: What are the penalties for a 1st offense DWI?

A: A DWI with a Blood Alcohol Content reading of .08% and under 0.10% carries a license forfeiture pending the installation of an Ignition Interlock Device on the defendant’s primary vehicle. Once the Interlock Device is installed the license will be temporarily restored and the device will remain in use for three months. 

  • Fines: $250 to $400 plus $33.00 in court costs

  • Intoxicated Driver Resource Center: 12 to 48 hours 

A DWI with a BAC reading over 0.10% carries a license forfeiture until the installation of an Ignition Interlock Device in the defendant’s primary vehicle. Once the device is installed the license will be temporarily restored and the device will remain in use for 7 to 12 months.  The specific penalties are listed below:

  • Fines: $300 to $500 plus $33.00 in court costs

  • Intoxicated Driver Resource Center: 12 to 48 Hours served via consecutive days minimum of 6 hours per day (also requires a mandatory fee)

Assessments that can be expected with a DWI include:

  • $200.00 for the DWI Enforcement Fund

  • $50.00 Violent Crime Compensation Board Fund

  • $75.00 Safe Neighborhood Fund

  • $200.00 NJ MVC Restoration Charges

  • $150.00 Intoxicated Driver Resource Center Fees

  • $1000.00 MVC surcharge for three years ($3,000.00)

Ignition Interlock Devices are installed and rented at your own expense.

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Q: What are the penalties for a 2nd offense DWI?

A: The penalties for a 2nd offense include:

  • Fine: $500 to $1000 plus $33.00 in court costs

  • Community Service: 30 days of mandatory community service

  • Intoxicated Driver Resource Center: Minimum 48 hours

  • Jail: term between 2 and 90 days

  • Loss of license: 1 to 2 years

  • Installation of an interlock device: 2 to 4 years (Additional costs associated with installation of interlock device.)

Assessments that can be expected with a DWI include:

  • $200.00 for the DWI Enforcement Fund

  • $50.00 Violent Crime Compensation Board Fund

  • $75.00 Safe Neighborhood Fund

  • $200.00 NJ MVC Restoration Charges

  • $150.00 Intoxicated Driver Resource Center Fees

  • $1000.00 DMV surcharge for three years ($3,000.00)
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Q: What are the penalties for 3rd offense DWI?

A: The penalties for a 3rd offense include:

  • Fine of $500 to $1000 and $33.00 in Court costs

  • Community service for 60 days

  • Jail minimum of 180 consecutive days; 90 days can be served at an inpatient rehabilitation facility

  • Intoxicated Driver Resource Center

  • Loss of license for 8 years

  • Mandatory installation of an Ignition Interlock Device during and for 2 to 4 years after suspension period is completed (Additional costs are associated with installation of interlock device.)
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Q: What are the penalties for Refusal?

A: If you are lawfully stopped for suspicion of driving while intoxicated, you must submit to a breath test. Failure to do so results in a license forfeiture until the installation of an Ignition Interlock Device which must be used for  9 to 15 months.


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Offices

The Law Office of Charles E. Tempio, LLC
  • 1401 Valley Road, Suite 207
    Wayne, NJ 07470
  • Phone: 862-221-9291
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  • Our office is located on the 2nd floor of the Chase Bank Building at the intersection of Hamburg Turnpike and Valley Road.
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