Drinking and Drugged Driving
links at bottom

Definition of Impairment - In New Jersey, a person is guilty of drunk driving if he/she operates a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or greater. 

BAC - refers to the amount of alcohol in your blood.

The Penalties

1st Offense:                        

• a fine of $250-$500*
• imprisonment for up to 30 days*
• License suspension for 3 months for .08-.10 BAC or 7 months to 1 year for greater than .10 *
• a minimum of 6 hours a day for 2 days detainment in an Intoxicated Driver Resource Center (IDRC), at a charge of $75 a day
• an automobile insurance surcharge of $1,000 a year for 3 years
• a Division of Motor Vehicle restoration fee of $50
• an Intoxicated Driving Program fee of $100
• a Violent Crimes Compensation Fund fee of $50
• a Safe and Secure Community Program fee of $75
• $100 surcharge to be deposited in a drunk driving enforcement fund

 FILOMENA'S LAW - January 1, 2000
* This penalty is increased substantially if it occurs within a school zone or school crossing. 
Public Law 99, Chapter 185.

MICHAEL'S LAW - January 20, 2004
Requires a person who commits a third or subsequent DWI offense to serve a 180 jail prison term in a county jail or workhouse. 

JOHN'S LAW - August 1, 2001
1) Allows law enforcement agencies to impound the vehicle of a person who has been arrested for DWI for a period of 12 hours after the time of arrest. 
2) Requires law enforcement agencies to provide a written statement to the person transporting the arrestee from the law enforcement agency regarding potential civil and criminal liability for permitting or facilitating the arrestee's operation of a motor vehicle while still intoxicated. 

Refusal to submit to a blood test

1st offense: 

• $300 - 500 fine and a 7 month to 1 year license suspension 
• automobile surcharge of $1,000 a year for three years
• $100 surcharge to be deposited in a drunk driving enforcement fund
• requirements set by the IDRC

Parents and Guardians - A new provision in 2000 (Public Law 99, Chapter 410) was added to New Jersey's driving under the influence laws and penalties. 

A parent or guardian who is convicted and who has a minor under age 17 as a passenger in the motor vehicle is also guilty of a disorderly persons offense.  In addition to penalties otherwise prescribed by law, a person shall forfeit the right to operate a motor vehicle for a period of not more than six months and shall be ordered to perform community service for a period of not more than five days.

Underage Drinking and Driving - In New Jersey, you must be 21 to purchase, possess or consume alcoholic beverages. 

• If you are under 21 and buy or drink alcohol in a place with an alcoholic beverage license and you may be fined $500 and lose your license for 6 months.
• If you are under 21 and drive with any detectable amount of alcohol in your system (0.01 BAC or above), you will be subjected to the following penalties:
               » loss or postponement of driving privileges for 30 to 90 days
               » 15 to 30 days of community service
               » participation in a program of alcohol education and highway safety

Link to Hero Campaign (for designated drivers)

Link to National Commission Against  Drunk Driving

Link to Intoxicated Driver Resource Center (IDRC)