Motor Vehicle Commission

Driving under the Influence (DUI)

Drivers under age 21 (the legal age to purchase/consume an alcoholic beverage) found with a blood alcohol concentration (BAC) at .01 percent or more while operating a motor vehicle will be penalized (N.J.S.A. 39:4-50.14). The current BAC for drivers age 21 and older is .08 percent (N.J.S.A. 39:4-50).

In New Jersey, a person must be 21 to purchase, possess or consume alcoholic beverages. Underage drinking is illegal and can have severe consequences for young people who drink and for adults who provide alcoholic beverages to those under age 21.

If a driver under age 21 buys or drinks alcohol in a place with an alcoholic beverage license, he/she may be fined $500 and lose his/her license for six months. If a person under age 21 does not have a driver license, the suspension starts when he/she is first eligible to receive a license. Also, the person may be required to participate in an alcohol education or treatment program.

Mandatory Penalties

First offense/BAC .08% or more but less than .10% (N.J.S.A. 39:4-50):

Three-month suspension of driving privilege
$250 to $400 fine
12- to 48-hour participation in an Intoxicated Driver Resource Center (IDRC)
$230 per day IDRC fee
Up to 30 days imprisonment
$100 Drunk Driving Enforcement Fund fee (N.J.S.A. 39:4-50.8)
$100 Alcohol Education, Rehabilitation and Enforcement Fund (AERF) fee
$1,000 annual surcharge for three years
$75 Safe Neighborhood Services Fund fee (N.J.S.A. 2C:43-3.2)
Possible interlock device requirement for six months to one year (N.J.S.A. 39:4-50.17)

First offense/BAC .10% or more (N.J.S.A. 39:4-50):

Seven-month to one-year suspension of driving privilege
$300 to $500 fine
12- to 48-hour participation in an Intoxicated Driver Resource Center (IDRC)
$230 per day IDRC fee
Up to 30 days imprisonment
$100 Drunk Driving Enforcement Fund fee (N.J.S.A. 39:4-50.8)
$100 Alcohol Education, Rehabilitation and Enforcement Fund fee
$1,000 annual surcharge for three years
$75 Safe Neighborhood Services Fund fee (N.J.S.A. 2C:43-3.2)
Possible interlock device requirement for six months to one year (N.J.S.A. 39:4-50.17)

Underage first offense/BAC .01% or more but less than .08% (N.J.S.A. 39:4-50.14):

30- to 90-day suspension of driving privilege (on the day motorist becomes eligible to obtain license or on the day of conviction, whichever is later)
15 to 30 days community service
Participation in an Intoxicated Driver Resource Center (IDRC) or alcohol education and highway safety program, as prescribed by the MVC Chief Administrator.

Driving offense conviction	Loss of license (1)	Fines, fees, surcharges	Imprisonment	Community service (CS), IDRC (2) or detainment
Alcohol or drug related (DUI)³ first offense	3 mo-1 year	$250-$500 fine; $1,000 a yr for 3 yrs surcharge; $230 per day IDRC fee; $100 drunk driving fund; $75 Safe Neighborhood Services Fund; $100 AERF	Up to 30 days	12-48 hrs IDRC
Alcohol or drug related (DUI)³ second offense that occurs within 10 yrs of first offense	2 years	$500-$1,000 fine $1000 a yr for 3 yrs surcharge; $280 per day IDRC fee; $100 drunk driving fund; $75 Safe Neighborhood Services Fund $100 AERF	48 hrs-90 days	12-48 hrs IDRC 30 days CS
Alcohol or drug related (DUI)³ third offense that occurs within 10 yrs of second offense	10 years	$1000 fine $1500 a yr for 3 yrs surcharge; $280 per day IDRC fee; $100 drunk driving fund; $75 Safe Neighborhood Services Fund $100 AERF	180 days	12-48 hrs IDRC up to 90 days CS, which can reduce a period of imprisonment
Drinking alcoholic beverages while driving or riding	N/A	$200 fine, first offense; $250 fine, second offense	N/A	N/A
Drinking alcoholic beverages while driving or riding(second offense)	N/A	$250 fine	N/A	10 days CS
Driving on DUI suspension	Additional 1-2 years⁴	$500 fine; $250 per yr for 3 years surcharge	10-90 days	N/A
Driving with no insurance (first offense)	1 year	$300-$1000 fine; $250 per yr for 3 years surcharge	N/A	CS determined by court
Driving with no insurance (second offense)	2 years	Up to $5000 fine; $250 per year for 3 years surcharge	14 days	30 days CS
Driving with possessing drugs	2 years	Min. $50 fine	N/A	N/A

¹ Underage drinking may cause a six-month delay to get a license.
² Intoxicated Driver Resource Center.
³ Driving under the influence (DUI). Alcohol- and drug-related offenses require completion of an alcohol screening and evaluation program.
⁴ Also suspends registrations for the same period.

The courts may require DUI offenders to use ignition interlock devices on their motor vehicles. An interlock device (see below) is attached to a motor vehicle to prevent it from being started when the alcohol level of the motorist’s breath exceeds a predetermined amount. The interlock requirement is in addition to any other penalty required under the state’s drunk driving statute. Installation is for six months to three years, beginning when the motorist’s driver license has been restored following suspension.