The only scientific way to determine whether a driver is under the influence is through blood alcohol concentration (BAC). Your BAC can be tested with a simple Breathalyzer test.

In New Jersey, a person with a BAC of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI).

Being convicted of a DUI is a serious offense, carrying heavy penalties including:

• Fines, fees and surcharges
• License suspension
• Ignition interlock device
• Jail time
• Community service

Mandatory fines and penalties

Related Offenses

Notes:

• *IDRC – Intoxicated Driver Resource Center
• *AERF – Alcohol Education and Rehabilitation Fund
• Underage drinking may cause a six-month delay in getting a license
• Alcohol and drug-related offenses require completion of an alcohol screening and evaluation program

Failure to pay DUI surcharges will result in

• Indefinite suspension of driving privileges
• Action filed in State Superior Court by MVC. This may include securing a lien against your property, garnishing your wages or other similar action

In New Jersey if you get arrested for a DUI, you must take a Breathalyzer test. When you get your license in New Jersey, you give consent for this test, known as “implied consent.” If you refuse to take a Breathalyzer test, you will be detained and brought to a hospital where hospital staff may draw blood.

If you refuse a Breathalyzer test, you will face the same loss of driving privileges as a DUI offense.

Mandatory fines and penalties

Notes:
* IDRC – Intoxicated Driver Resource Center
* AERF – Alcohol Education and Rehabilitation Fund
* Alcohol and drug-related offenses require completion of an alcohol screening and   evaluation program

Underage DUI

If you are under 21 years old and are convicted for driving or boating with a BAC of .01% or higher, the following penalties apply:

• 30–90 day license suspension
• Possible combination of the minimum sentences above and select DUI Mandatory Fines and Penalties, depending on the situation
• 15–30 days mandatory community service
• Participation in alcohol education and highway safety programs at an Intoxicated Driver Resource Center
• If you are unlicensed and under 17 years of age at the time of the incident, you are subject to a 30–90 day delay in processing your driver license

If your license was suspended for a DUI offense, the court may require you to get an ignition interlock device to prevent a vehicle from starting if your BAC exceeds 0.05%.

Igntion interlock device requirements

• First DUI offense: Installation of interlock device for six months to one year upon restoration (judge’s discretion); BAC 0.15% or greater requires mandatory installation of ignition interlock device during license suspension and for 6 months to 1 year following restoration
• Second DUI offense: Mandatory installation of interlock device during license suspension and for 1 to 3 years following restoration
• Third DUI offense: Mandatory installation of interlock device during license suspension and for 1 to 3 years following restoration

If the court sentences you to get an interlock device, you will receive a notice of suspension from MVC with instructions on how to obtain the device. IMPORTANT NOTE: Failure to have an ignition interlock installed when ordered by a judge could result in an additional one year driving privilege suspension.

Any person convicted of an alcohol related traffic offense must participate in a program at an Intoxicated Driving Resource Center (IDRC):

• New Jersey has an IDRC in each county for first and third-time offenders and three regional centers for second-time offenders
• During the program, offenders attend mandatory Alcohol and Highway Safety Education courses
• IDRC also evaluates each offender for an alcohol or drug problem and determines the need for treatment
• If treatment is needed, the center refers the offender to an appropriate provider for a 16-week minimum treatment
• Offender may supplement the treatment with attendance at a self-help group
• IDRC monitors compliance and reports noncompliance to the courts and MVC

Satisfactory participation in IDRC is a step toward restoring your license. Failure to comply will result in further license suspension and possible jail time.

IDRC fees and other related charges may apply:

The NJ Department of Human Services, Division of Addiction Services, Intoxicated Driving Program coordinates the operation of the following centers:

Information on this page is from New Jersey Motor Vehicle Commission