DUI Reference Guide

New Jersey DUI Laws

Driving under the influence of alcohol is a crime, and as such carries various possible fines, penalties and even potential jail time.  In New Jersey, a person with a Blood Alcohol Level (BAC) of 0.08% or higher can be arrested for driving under the influence (DUI). 

New Jersey has implemented Intoxicated Driver Resource Centers (IDRC) as part of the stare’s plan to combat DUI.  During his or her stay at a center, a person will be required to take a course on alcohol and driving safety.  Individuals also will undergo an evaluation to determine whether they have alcohol and/or related problems.  As a result, they may be mandated to receive treatment for these problems.  Anyone who is required to receive treatment normally will be required to enter an approved program for a minimum of sixteen weeks.  Each county has its own IDRC where people who have committed a DUI for the first or third time will be required to go.  Three additional resource centers are set up throughout the state to deal with people who have been convicted of a second DUI offense.

The IDRC will monitor an individual’s progression in therapy if he or she is required to receive treatment.  Sometimes a person can use a self-help group as part of therapy.  This requires that he or she remains in the self help program for one year.  Anyone who does not keep up with treatment (wherever treatment is received) could end up in jail and lose his or her driver’s license for an extended period of time.

The penalties faced by someone who has committed a DUI will differ depending upon the BAC.  The number of times a person has been arrested for DUI in the past also will have an impact on punishment.  When an individual’s BAC falls between 0.08% and 0.10%, he or she can be fined from $250-$400 if it is a first offense.  These individuals can have their license revoked for three months.  For three years, additional insurance rates will apply.  As many as 30 days in jail could be applied to the punishments as well.  Anyone committing a DUI also will be required to stay at the Intoxicated Driver Resource Center (IDRC).  For a first offense, an individual will be required to stay at the center for anywhere from 12 to 48 hours. 

An individual committing a second DUI will face even more penalties.  A second offense is one that is committed within ten years of the first offense.  Once again a person will need to attend a resource center.  That individual will be responsible for paying the fees for attendance.  Sometimes the person may perform community service instead.  His or her license will be revoked for a minimum of two years.  Fines range from $500 to $1000.  A person may be required to go to jail for up to 90 days or for as few as 48 hours.  As with a first time offense, insurance rates will increase by $1000.  This rate will last for three years.

Individuals convicted of DUI in less than ten years of a prior conviction will pay $1000 in fines in addition to paying an excess of $1500 on their insurance.  Once again, they will be required to attend a resource center for 12 to 48 hours.  If a person is not required to pay the fees for the center, he or she must complete 90 days of community service.  Jail time could be for as much as 180 days with loss of license for 10 years.

If you are found to have a BAC of .10% or higher, the penalties will be even more severe.  For example, first time offenders with a BAC excessively high will find themselves in jail for as many as 30 days.  Individuals pay $300-$500 in fines, not to mention paying the insurance surcharge of $1000.  This increased fee will be in affect for three years.  The license will be revoked for anywhere from seven months to an entire year.  Again, a person will need to spend anywhere from 12 to 48 hours in the IDRC. 

Anyone who is arrested for DUI faces the possibility of being ordered to have an ignition interlock device in his or her vehicle.  This is to prevent people from driving under the influence since the person will have to breathe into a sensor.  Anyone who has a BAC that is more than 0.05% will find that the vehicle will not start. 

In New Jersey, the laws governing DUI convictions can be quite involved.  There are numerous factors that come into play.  For this reason, it is recommended that anyone arrested for DUI, contact a lawyer.  You can meet with an attorney to discuss your rights under the DUI laws.  An attorney also will explain to you what possible penalties you may face if you are found guilty of DUI.