New Jersey DUI Laws and Penalties (2026)
A complete guide to DUI and DWI laws in New Jersey, including penalties for first and repeat offenses, BAC limits, license suspension rules, and when a DUI becomes a felony.
New Jersey DUI At a Glance
First Offense DUI in New Jersey
Up to 30 days jail, $250–$400 fine, 3-month suspension
Mandatory ignition interlock for BAC 0.15%+
Second Offense DUI in New Jersey
2–90 days jail, $500–$1,000 fine, 2-year suspension
When Does a DUI Become a Felony in New Jersey?
In New Jersey, a DUI typically becomes a felony charge at the 3rd offense. Additional circumstances that can elevate a DUI to a felony include:
- Causing injury or death to another person while driving impaired
- Having a child passenger in the vehicle
- Having an extremely high BAC (typically 0.15% or 0.16%+)
- Driving on a suspended or revoked license due to a prior DUI
New Jersey DUI BAC Limits
| Driver Type | BAC Limit |
|---|---|
| Standard (21+) | 0.08% |
| Under 21 | 0.00%–0.02% (zero tolerance) |
| Commercial Driver (CDL) | 0.04% |
Refusing a Breathalyzer in New Jersey
New Jersey, like all U.S. states, has an implied consent law. By driving on New Jersey roads, you implicitly consent to chemical testing (breath, blood, or urine) if lawfully arrested for DUI. Refusing a test will typically result in automatic license suspension, separate from any DUI conviction, and the refusal can be used against you in court.
DUI vs. DWI in New Jersey
Different states use different terminology. New Jersey uses DWI (Driving While Intoxicated) as its primary statute, though both alcohol and drug impairment can result in charges.
Finding a DUI Lawyer in New Jersey
If you are facing a DUI charge in New Jersey, it is strongly recommended to consult with a qualified DUI defense attorney as soon as possible. An attorney can:
- Review the circumstances of your arrest for procedural errors
- Challenge the accuracy of BAC testing equipment
- Negotiate for reduced charges or alternative sentencing
- Represent you at DMV hearings to contest license suspension