Mandatory Minimums for Convictions of Driving Under the Influence in New Jersey
First Offense – BAC 0.08% but less than 0.10%
• 3 months driving privilege suspension
• $250-$400 fine
• $230 IDRC* fee
• $100 to drunk driving fund
• $100 to AERF*
• $1,000/year (for 3 years) MVC surcharge
• $75 to Neighborhood Services Fund
• 12-48 hours at intoxicated driver resource center (IDRC)
• Maximum 30 days imprisonment
First Offense – BAC 0.10% or higher
• 7-12 months driving privilege suspension
• $300-$500 fine
• $230 IDRC* fee
• $100 to drunk driving fund
• $100 to AERF*
• $1,000/year (for 3 years) surcharge
• $75 to Neighborhood Services Fund
• 12-48 hours at intoxicated driver resource center (IDRC)
• Maximum 30 days imprisonment
• BAC 0.15% or greater: ignition interlock device for 6- 12 months following restoration.
Second Offense
• 2 year driving privilege suspension
• $500-$1000 fine
• $280 IDRC* fee
• $100 to drunk driving fund
• $100 to AERF*
• $1,000/year (for 3 years) surcharge
• $75 to Neighborhood Services Fund
• 12-48 hours at intoxicated driver resource center (IDRC)
• 48 hours to 90 days imprisonment
• 30 days community service.
• Ignition interlock device for 1 to 3 years following restoration
Third Offense
• 10 year driving privilege suspension
• $1000 fine
• $280 IDRC* fee
• $100 to drunk driving fund
• $100 to AERF*
• $1,500/year (for 3 years) surcharge
• $75 to Neighborhood Services Fund
• 12-48 hours at intoxicated driver resource center (IDRC)
• 180 days imprisonment
• 90 days community service.
• Ignition interlock device for 1 to 3 years following restoration
Notes:
- A second offense more than 10 years after the first offense will be sentenced as a first offense
- A third offense more than 10 years after the second offense will be sentenced as a second offense
- *IDRC – Intoxicated Driver Resource Center
- *AERF – Alcohol Education and Rehabilitation Fund
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