NJ Facts driving under
the influence (DUI) +point system from NJ MVC
Court Imposed Fines and Penalties
Driving Under the Influence of Alcohol or Drugs (DUI) A person who operates a motor vehicle
with a blood alcohol concentration (BAC) of 0.08% or above is considered to be
driving under the influence. A person may also be found to be driving under the
influence through officer observation or other evidence.
First Offense - BAC 0.08% but less
than 0.10%
• 3 months driving privilege
suspension
• $250-$400 fine
• 12-48 hours at intoxicated driver resource center
(IDRC) • Maximum 30 days imprisonment
First Offense - BAC 0.10% or higher
• 7 months to 1 year driving
privilege suspension • $300-$500 fine • 12-48 hours IDRC
• 30 days maximum
imprisonment*
Second Offense
• 2 years driving privilege
suspension • $500-$1,000 fine
• 30 days community service
• 12-48 hours IDRC
• 48 hours - 90 days imprisonment*
Third Offense
• 10 years driving privilege
suspension
• $1,000 fine
• 90 days maximum community service
• 12-48 hours IDRC
• 180 days imprisonment*
DUI in School Zone or
School Crossing
First Offense
• 12-24 months driving privilege
suspension • $500-$800 fine • 60 days imprisonment
Second Offense
• 48 months minimum driving privilege
suspension • $1,000-$2,000 fine
• 60 days community service
• 96 hours-180 days
imprisonment*
Third Offense
• 20 years driving privilege
suspension
• $2,000 fine • 180 days imprisonment
Refusing the Chemical
Test
First Offense
• 7 months to 1 year driving
privilege suspension • $300-$500 fine • 12 hours minimum IDRC
Second Offense
• 2 years driving privilege
suspension
• $500-$1,000 fine • 12 hours minimum IDRC
Third and Subsequent Offenses
• 10 years driving privilege
suspension
• $1,000 fine • 12 hours minimum IDRC
Refusing Chemical Test in
School Zone or Crossing
First Offense
• 1 to 2 years driving privilege
suspension
• $600-$1,000 fine • 12 hours minimum IDRC
Second Offense
• 4 years driving privilege
suspension • $1,000-$2,000 fine • 12 hours minimum IDRC
Third and Subsequent Offenses
• 20 years driving privilege
suspension
• $2,000 fine • 12 hours minimum IDRC
Underage
For persons under 21 (the legal age
in NJ to purchase an alcoholic beverage) who consume an alcoholic beverage,
then drive a vehicle when their BAC is 0.01% or more, but less than 0.08%, the
penalties are:
Minimum
• 30-90 day driving privilege
suspension if currently licensed; or
• 30-90 day prohibition from becoming
a licensed driver at age 17 years; and,
• 15-30 days mandatory community
service; and participation in an IDRC or other alcohol education; and
completion of a highway safety program or
• a combination of the minimum
sentences above and DUI sentences (see schedule)
Maximum
• DUI sentences (see schedule). If
the BAC is 0.08% or higher, underage persons will receive DUI sentences as
noted.
Ignition Interlock Device
Requirements
The courts will require DUI and
refusal offenders to install an ignition interlock device based on the number
of past offenses. To operate the vehicle, the driver must blow into the device
and also submit to random rolling tests while in operation. The vehicle will
not start if the driver’s BAC level exceeds 0.05%.
First Offense, DUI w/BAC level below
0.15%, Court may impose
• 6 months – 1 year installation of
interlock device after restoration of driving privileges
First Offense, DUI
w/BAC level 0.15% or above and 1st refusal convictions, Court shall impose
• installation of interlock device
required during the term of suspension and
• 6 months - 1 year installation of
interlock device after restoration of driving privileges
Second, Third &
Subsequent Offenses for DUI and refusal convictions, Court shall impose
• installation of interlock device
required during the term of suspension and
• 1 - 3 years installation of
interlock device after restoration of driving privileges
Offenses that occurred after Jan 15,
2010 are no longer subject to suspension of registration privileges in lieu of
interlock installation.
Failure to have an interlock device
installed when ordered by a judge could result in an additional one year
driving privileges suspension.
Surcharges - Alcohol
Violations
In addition to the court imposed
fines and penalties, anyone convicted of DUI or chemical test refusal is
subject to:
• an insurance surcharge of $1,000 a
year for three years ($3,000) for the first and second conviction within a
three-year period.
• an insurance surcharge of $1,500 a
year for three years ($4,500) for a third offense within a three-year period.
• a single $100 DUI enforcement
surcharge that must be paid to the court with the required fine upon
conviction.
The surcharges will be imposed on a
New Jersey or an out- of-state conviction. Failure to pay the surcharge will
result in indefinite suspension of all driving privileges and the filing of a
judgment against any personal property.
Surcharges - Point
Violations/Other
Motorists who incur six or more motor
vehicle points are also subject to an insurance surcharge of $150 for six
points and $25 for each additional point. The point surcharge will remain in
effect as long as a motorist has six or more points on their record for the
immediate three-year period. MVC will suspend all driving privileges
indefinitely and take judgment action if the surcharge is not paid. Other
violations subject to a surcharge are:
• driving while unlicensed $100
•
driving while suspended $250/Court or MVC imposed • failing to insure a MOPED
$100
• operating an uninsured vehicle $250
Boaters
Boaters convicted of driving under the
influence (DUI) on New Jersey’s waterways will be suspended from both boating
and all driving privileges. Violators under 17 will have their vehicle and
MOPED driving privileges delayed for a term equal to the suspension period.
No Conditional or Special
Work Licenses
New Jersey does not have conditional
or special work licenses. If a motorist does not have a valid driver license,
or if a driving privilege is suspended for drunk driving or any other
violation, a motorist may not drive for any reason until that privilege is
restored.
* New Jersey Statutes Annotated
R0715
www.njmvc.gov
Point Schedule
Any person who is convicted of any of
the following offenses, including offenses committed while operating a
motorized bicycle, will be assessed points for each conviction in accordance
with the following N.J.S.A.* schedule:
N.J.S.A. OFFENSE POINTS SECTION
N.J.S.A. SECTION NUMBER
39:4-89 39:4-90 39:4-90.1
39:4-91-92 39:4-96 39:4-97 39:4-97a
39:4-97.1 39:4-97.2
39:4-98 and 39:4-99
39:4-105 39:4-115 39:4-119 39:4-122
39:4-123 39:4-124 39:4-125 39:4-126 39:4-127 39:4-127.1 39:4-127.2 39:4-128
39:4-128.1 39:4-128.4 39:4-129
39:4-144 39:5C-1 39:5D-4
OFFENSE POINTS
Tailgating 5
Failure to yield at intersection 2
Failure to use proper entrances to
limited 2 access highways
Failure to yield to emergency
vehicles 2
Reckless driving 5
Careless driving 2
Destruction of agricultural or
recreational 2 property
Slow speed blocking traffic 2
Driving in an unsafe manner (Points
only assessed for the third or subsequent violation
when that violation occurs
within five years of
the most recent prior offense.)
Exceeding maximum speed 1-14 mph over
limit 2
Exceeding maximum speed 15-29 mph
over 4 limit
Exceeding maximum speed 30 mph or
more 5 over
limit
Failure to stop for traffic light 2
Improper turn at traffic light 3
Failure to stop at flashing red
signal 2
Failure to stop for police whistle 2
Improper right or left turn 3
Improper turn from approved turning
course 3
Improper U-turn 3
Failure to give proper signal 2
Improper backing or turning in street
2
Improper crossing of railroad grade
crossing 2
Improper crossing of bridge 2
Improper crossing of railroad grade
crossing by 2 certain vehicles
Improper passing of school bus 5
Improper passing of a frozen dessert truck 4 Leaving the scene of an accident 2
No personal injury
Personal injury 8 Failure to
observe stop or yield signs 2 Racing on highway 5 Moving violation out of state 2
Driving in New Jersey is a privilege
that may be enjoyed as long as motorists drive safely. Obeying established
motor vehicle rules and regulations is critical, as is the respect that must be
paid to other motorists who also share the roads.
Violating New Jersey’s motor vehicle
laws will result in the loss of driving privileges. New Jersey will also
suspend driving privileges if a driver is convicted of a violation in another
state that would be grounds for suspension. It is important to note that
violations become a permanent part of motorists’ driver history records.
Driving while under the influence of
alcohol or drugs, or reckless driving, are examples of motor vehicle violations
that may result in the loss of driving privileges. It will take time and money
to reinstate driving privileges.
This brochure presents facts about
the penalties imposed on motorists caught driving while under the influence of
alcohol or drugs in New Jersey.
24-Hour
Telephone Information and
Assistance
For License Suspensions and
Restorations
(609) 292-7500
For General Customer Information
(609) 292-6500
or write to:
New Jersey Motor Vehicle Commission
P.O. Box 134
Trenton, New Jersey 08666-0134
Visit us at www.njmvc.gov
Points on Motor Vehicle Records
The Motor Vehicle Commission (MVC)
tracks driving behavior by adding points to a motorist’s record after a
conviction for a moving violation.
Points-Assessed Violation Notices
After two years, MVC will send
advisory notices to a motorist whenever points-assessed violations are added to
a driving record and the point total is six to 11.
License Suspension Notice
For a total of 12 or more points on a
driving record, MVC will issue a notice of scheduled suspension of driving
privileges.
Point Violations Remain on Driving
Records
All point violations earned since
March 1, 1974, remain on a driver history record. However, the motorist’s
current point total is based on accumulated points minus any point credits.
How Points are Deducted
A point total will never go below
zero. Up to three points will be subtracted from a motorist’s point total one
year after:
the motorist’s last point violation;
or the motorist’s license restoration; or
there have been no violations or
suspensions on the motorist’s driving record for the past year; or
the last time annual safe driving
points were subtracted from the motorist’s record (whichever is later); or when
the motorist completes an MVC driver
improvement program offered to problem drivers selected by MVC. Credit can be
received a maximum of once every two years.
Up to two points may be subtracted
from a motorist’s point total after:
the motorist completes an
MVC-approved defensive driving course. Credit is given for one program every
five years.
Note: None of these point reductions
apply to insurance surcharge point totals.
* New Jersey Statutes Annotated
