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If you’ve been arrested for drunk driving in New Jersey, please call us immediately. The penalties for Driving while Intoxicated are as follows:

While the penalties for DWI are severe, this does not mean that a strong defense cannot be prepared on your behalf. We have the knowledge and experience to examine the State’s evidence against you, to determine if there are opportunities to defeat the state’s case. Please contact us for a free consultation.

  • 1ST OFFENSE DWI. BLOOD ALCOHOL CONTENT (BAC) 0.08% – 0.09%

    • Loss of your driving privileges for 3 months.
    • Up to 30 days in county jail.
    • Between $250 and $400 in fines.
    • A $1,000 insurance surcharge for three years.
    • Other fees and surcharges in excess of $525.
    • Possible Ignition Interlock requirement for six to twelve months.
    • Alcohol/substance abuse assessment.
    • 12 hours of mandatory alcohol classes at an Intoxicated Driver Resource Center (IDRC).

  • 1ST OFFENSE DWI BLOOD ALCOHOL CONTENT (BAC) 0.10% AND GREATER

    • 7 – 12 month forfeiture of your driver’s license.
    • An increased fine of $300 and $500 in fines.
    • Mandatory Ignition Interlock 6 – 12 months (if BAC is greater than 0.15%)
    • A $1,000 insurance surcharge for three years.
    • Other fees and surcharges in excess of $525.
    • 12 hours of mandatory alcohol classes at an Intoxicated Driver Resource Center (IDRC).

  • SECOND OFFENSE

    • Jail time between 2 – 90 days
    • A mandatory 2 years of license suspension
    • 30 days of community service
    • Minimum fines of $500 and maximum of $1,000
    • 12 – 48 hrs Intoxicated Driver Resource Center
    • $3,000 in automobile insurance surcharges over a 3-year period
    • An ignition interlock device while license is suspended and following return of license

  • THIRD OFFENSE

    • 10 years of license suspension
    • 180 days of jail time
    • A maximum of 90 days of community service
    • 12 – 48 hrs Intoxicated Driver Resource Center
    • $4,500 in automobile insurance surcharges over a 3-year period
    • Minimum $1,000 fine
    • An ignition interlock device

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Refusal to Submit to Alcotest

When you are arrested for DWI, the police officer will request that you submit to an alcotest, otherwise known as a breathalyzer. They cannot proceed without your approval. However, should you refuse to submit to the alcotest, your refusal itself is a separately punishable offense. You may be charged with refusal as well as DWI, which means you are will face two separate drunk driving-related charges.

The penalties for refusing to submit to the Alcotest is similar to the penalties for DWI itself. A conviction for Refusing to Submit will result in a license suspension for at least seven months, between $300 and $2,000 in fines and fees and 12 hours minimum participating in an Intoxicated Driver Resource Center program. These penalties are separate from, and may be in addition to any punishment you might receive from a DWI conviction.