DUI: Driving Under the Influence

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
• Jail time
• Community service

Mandatory fines and penalties

Alcohol or drug related DUI with BAC of 0.10% or greater
License loss	Fines, fees & surcharges	Prison term	Community service requirement
7 months– 1 year	$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	Up to 30 days	12–48 hours IDRC*

Alcohol or drug related DUI with BAC greater than 0.08% but less than 0.10%
License loss	Fines, fees & surcharges	Prison term	Community service requirement
3 months	$250–$400 fine $230 IDRC* fee $100 to drunk driving fund $100 to AERF* $1,000/year (for 3 years) surcharge $75 to Neighborhood Services Fund	Up to 30 days	12–48 hours IDRC*

Repeated DUI convictions
Offense	License loss	Fines, fees & surcharges	Prison term	Community service requirement
2nd offense within 10 years	2 years	$500–$1,000 fine $280 IDRC* fee $100 to drunk driving fund $100 to AERF* $1,000/year (for 3 years) surcharge $75 to Neighborhood Services Fund	48 hours– 90 days	30 days and 12–48 hours IDRC*
3rd offense within 10 years of 2nd offense	10 years	$1,000 fine $280 IDRC* fee $100 to drunk driving fund $100 to AERF* $1,500/year (for 3 years) surcharge $75 to Neighborhood Services Fund	180 days	Up to 90 days (can reduce period of imprisonment) and 12–48 hours IDRC*

Related Offenses

Driving or riding with an open container
Offense	Fines	Community service
1st	$200	–
2nd	$250	10 days

Driving with a DUI suspension
License loss	Fines or surcharges	Prison term
Additional  1–2 years	$500 fine $250/year (for 3 years) surcharge	10–90 days

Driving while possessing drugs
License loss	Fines or surcharges
2 years	Minimum $50 fine

Driving while possessing drugs
License loss	Fines or surcharges
2 years	Minimum $50 fine

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