New Jersey DUI Laws: What You Need to Know Before Getting Behind the Wheel

Driving under the influence (DUI) is a serious offense in New Jersey, with significant legal, financial, and personal consequences. We understand how overwhelming this situation can feel, but you don’t have to go through it alone. At Rudnick, Addonizio, Pappa & Casazza, we’re committed to providing you with guidance to help you make informed decisions if you are facing DUI charges in New Jersey.

Understanding Blood Alcohol Concentration (BAC) Limits

In New Jersey, the legal blood alcohol concentration (BAC) limit for most drivers is 0.08%. However, for certain groups, the limit is even lower:

• Commercial Drivers: The BAC limit is 0.04%. Driving a commercial vehicle with a higher BAC can lead to harsher penalties.
• Underage Drivers: For drivers under 21, New Jersey follows a “Zero Tolerance” policy. Any detectable BAC (0.01% or greater) can result in a DUI charge.

If law enforcement believes that you are not fit to drive, you may still face charges for DUI even if your blood alcohol content is below the legal limit.

Penalties for DUI Offenses in New Jersey

DUI penalties in New Jersey apply to drivers impaired by alcohol or drugs, whether their blood alcohol concentration (BAC) exceeds the legal limit or they are deemed impaired by law enforcement. The penalties include:

First Offense

• Fines: $250 to $400 ( BAC 0.08% to 0.10%); $300 to $500 (BAC above 0.10% than 0.15%)
• License Suspension: No suspension for BAC below 0.10%; 7 to 12-month suspension for BAC above 0.10%
• Jail Time: Up to 30 days
• Ignition Interlock Device (IID): IID installation is required for at least 3 months for all first-time offenders, regardless of BAC level
• Additional Costs: $1,000 annual insurance surcharge for three years, IDRC program, and other fees

Second Offense

• Fines: $500 to $1,000
• License Suspension: 1 to 2 years
• Jail Time: 48 hours to 90 days
• Ignition Interlock Device (IID): Required for 1 to 3 years after license restoration
• Community Service: At least 30 days of mandatory service
• Additional Costs: Participation in and completion of an IDRC program

Third Offense

• Fines: $1,000
• License Suspension: 8 years
• Jail Time: 180 days (some may be served in a rehabilitation facility)
• Ignition Interlock Device (IID): Required for 2 to 4 years after license restoration
• Community Service: May be required as part of the jail sentence
• Additional Costs: Participation in and completion of an IDRC program and an annual insurance surcharge of $1,500 for three years

The penalties become more severe with each subsequent offense. It’s essential to seek legal advice early to explore your options and minimize the potential consequences of a DUI conviction.

Implied Consent and Refusal to Submit to Testing

In addition to DUI penalties, New Jersey enforces strict Implied Consent laws, which require drivers to submit to breath, blood, or urine tests when suspected of driving under the influence (DUI). Refusal to submit to these tests results in separate penalties that can be imposed regardless of whether you are ultimately convicted of a DUI offense.

Here’s a breakdown of refusal penalties in New Jersey:

• First Offense: License suspension of 7 months to 1 year, at least six hours per day at the IDRC for two consecutive days, and fines ranging from $300 to $500
• Second Offense: License suspension of 1 to 2 years, 48 hours at an IDRC, and fines between $500 to $1,000
• Third Offense: License suspension of 8 years, annual $1,000 insurance surcharge for three years, mandatory installation of an ignition interlock device for a minimum of 9 months, $100 surcharge paid to the Drunk Driving Enforcement Fund, and a $1,000 fine

It’s important to understand that refusal penalties are cumulative and may be applied in addition to any penalties from a DUI conviction. This means that refusing a breathalyzer test can lead to harsher consequences, even if the DUI charge itself does not result in a conviction. As detailed above, recent changes to New Jersey DUI laws also mandate the installation of Ignition Interlock Devices (IID) in refusal cases to prevent further impaired driving.

The Role of Ignition Interlock Devices (IID)

In New Jersey, all DUI offenders are required to install an Ignition Interlock Device (IID), including first-time offenders. The IID prevents a vehicle from starting unless the driver provides a breath sample free of alcohol, aiming to reduce repeat offenses and protect public safety.

For first-time offenders:

• BAC 0.08% to 0.10%: IID installation is required for at least 3 months.
• BAC above 0.15%: IID installation is required for 9 to 15 months.

Offenders can voluntarily install the IID before their case is fully adjudicated, which may help them earn day-for-day credit toward the mandatory installation period. To ensure removal, offenders must show no failed tests during the final 30 days of use. The costs associated with IID installation, maintenance, and removal are the offender’s responsibility.

Consulting with the DUI attorneys at Rudnick, Addonizio, Pappa & Casazza can help you navigate New Jersey’s complex DUI laws, ensuring compliance and working to minimize potential penalties.

What Happens If You’re Involved in an Accident While Driving Under the Influence?

Being involved in an accident while driving under the influence escalates the legal consequences you may face. New Jersey law treats DUIs resulting in injury or property damage very seriously, leading to more severe penalties.

If you are involved in an accident while impaired, you may face both criminal charges and civil liability. Potential criminal charges include enhanced penalties such as increased fines, longer license suspensions, and even mandatory jail time. In cases involving injuries, aggravated assault or vehicular homicide charges may also apply if the accident results in serious bodily injury or death.

The attorneys at Rudnick, Addonizio, Pappa & Casazza can help protect your rights and guide you through the intricate legal processes involved in both criminal and civil DUI cases in New Jersey.

Staying Safe and Responsible

To avoid the risks associated with DUI charges, it is essential to adopt responsible habits:

• Plan Ahead: If you plan to drink, arrange for a designated driver, use rideshare services, or stay overnight.
• Know Your Limits: Understand how alcohol affects you and avoid driving if you feel impaired.
• Educate Yourself: Stay informed about New Jersey’s DUI laws and penalties.

Navigating New Jersey DUI Laws: Get Started on Your Defense

Understanding New Jersey DUI laws is vital for every driver. A DUI conviction can have far-reaching consequences that affect your freedom, finances, and future. At Rudnick, Addonizio, Pappa & Casazza, we are here to guide you through the challenges that come with facing DUI charges. 

We are dedicated to protecting your rights and helping you explore every legal option available. Whether it’s your first DUI or a repeat offense, our experienced team will work tirelessly on your behalf.

Get Started on Your DUI Defense: Contact Us Today

Facing a DUI or DWI charge in New Jersey can be overwhelming, but you don’t have to face it alone. At Rudnick, Addonizio, Pappa & Casazza, our legal team is ready to provide the guidance and support you need. With decades of experience handling DUI cases across Monmouth, Middlesex, and Ocean counties, we will work to protect your rights and help you navigate the legal process.

Whether this is your first DUI or you are dealing with more severe penalties as a repeat offender, we are here to help. Our attorneys will review your case, challenge the evidence where appropriate, and craft a defense strategy tailored to your unique situation. Contact us today for a free, confidential consultation and take the first step toward safeguarding your future.
Disclaimer: The information provided is not legal advice and does not establish an attorney-client relationship.