The Penalties for a 1st, 2nd, and 3rd DWI Conviction in New Jersey

If you are pulled over and found to have a blood alcohol content of .08% or higher, you could be charged with driving while intoxicated (DWI). DWI is a serious offense in New Jersey and throughout the United States and can carry significant penalties.

These penalties increase with every subsequent DWI you are conviction you receive. This is why it is so important to work with an experienced criminal defense attorney to have your charges lowered or dismissed.

Penalties for a 1st DWI in New Jersey

For an individual whose blood alcohol content (BAC) is between .08% and .10% at the time of his or her first DWI arrest, the penalties he or she faces are as follows:

• A $400 fine

• A driver’s license suspension of up to three months

• A jail sentence of up to thirty days

• Up to 48 hours of drug education coursework

• The possibility of an ignition interlock device on his or her vehicle for a period of time determined by the court

If the individual’s BAC was between .10% and .15% for his or her first DWI arrest, he or she faces the following penalties:

• A driver’s license suspension period of seven months to one year

• A $500 fine

• Up to 48 hours of drug education

• Up to thirty days in jail

• The possibility of an ignition interlock device on his or her car. If the driver’s BAC was over .15% when he or she was arrested, the ignition interlock device is mandatory.

Penalties for a 2nd DWI in New Jersey

For an individual’s second DWI charge, the penalties are steeper than they were for the first. They are as follows:

• A driver’s license suspension for up to two years

• Up to $1,000 fine plus other fees

• Up to ninety days in jail

• $1,000/year surcharge for the next three years

• Up to thirty days of community service

• Up to 48 hours of Intoxicated Driver Resource Center classes

• A mandatory ignition interlock device on the vehicle during the suspension period and for up to three years following driver’s license restoration.

To count as a driver’s second DWI, it must occur less than ten years after his or her first DWI conviction. Otherwise, the driver faces the same penalties that he or she faced for the first offense.

Penalties for a 3rd DWI in New Jersey

Like with a second DWI, a driver’s third offense only counts as such if it occurs within ten years of his or her second DWI. Otherwise, he or she faces the same penalties that he or she faced for the second DWI again. For a third or subsequent DWI, the penalties are as follows:

• A driver’s license suspension for up to ten years

• A $1,000 fine plus other charges to support drug education programs in New Jersey

• A $1,500 surcharge for the next three years

• Up to 180 days in jail

• An ignition interlock device installed on the driver’s vehicle during the suspension period and for three years after his or her license is restored.

Experienced DWI Attorneys in New Jersey

If you are charged with a DWI, contact our firm at 732-370-9596 as soon as you can to schedule your free legal consultation with us. Lansing & Hannum, LLC is proud to serve Burlington, Ocean, Monmouth, Mercer, and Middlesex counties.