New Jersey DUI State Law

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New Jersey DUI Laws

New Jersey Implied Consent
1st Offense DUI
2nd Offense DUI
3rd Offense DUI
DUI Penalty Fees

New Jersey DUI laws are harsh. In fact, if you are charged with DUI in New Jersey, it is critical that you contact a New Jersey DUI lawyer as soon as possible to fight these charges. Once you have this conviction on your criminal and driving records, it is there for the rest of your life! The good news is that attorneys can be successful at reducing these charges.

John's Law

Interestingly, John's Law got its start in New Jersey. This is a law that is being encouraged and pushed on a national scale but is in effect in New Jersey right now. It allows the police to impound and even require forfeiture of your vehicle if you are found guilty of driving under the influence.

New Jersey Blood Alcohol Concentration Laws

Like the rest of the United States, if you have a blood alcohol concentration level of .08 percent or higher, this will result in charges and arrest. Here are some additional facts to know:

1.      A blood alcohol concentration level of .01 percent warrants arrest if you are under the age of 21.

2.      Police officers can use your driving pattern, appearance, and failed sobriety tests to file charges of DUI as well, without a chemical based test

3.      If you refuse a chemical based test, this will be admissible as evidence into course.

New Jersey does not have an enhanced BAC level.

You do not have an administrative hearing to help you to fight these charges. Therefore, it is up to you and your New Jersey DUI lawyer to fight the charges.

Implied Consent Laws in New Jersey

New Jersey has what are called implied consent laws. These dictate that if you operate a vehicle in the state that you are agreeing to submit to a chemical test of your blood, urine or breath to determine your level of intoxication.

If you refuse a chemical test, this will cause a suspension of your driver's license, automatically, for 1 year on a first refusal, along with a $250 to $500 fine. A suspension of 2 years for a second refusal and 10 years for a 3rd refusal are also in place.

1st Offense of New Jersey DUI Laws

A first offense is likely to result in the following penalties:

  • Fines between $250 and $400
  • License suspensions for up to 3 months
  • 30 days in jail
  • You must spend 6 hours a day for two consecutive days in an intoxicated driver resource center
  • Automobile insurance surcharge of $1000 per year for the next 3 years is required to be paid.
  • You will be charged with a misdemeanor

2nd Offense of New Jersey DUI Laws

A second offense within 10 years will have stricter laws. New Jersey's look back period is 10 years. The following penalties are likely:

  • Fines of $500 up to $1000
  • Jail of 30 days
  • 7 months to 1 year of driver's license suspension
  • 6 hours a day for 2 consecutive days at an intoxicated driver resource center is required
  • Automobile surcharge of $1000 per year for three years is required
  • You will be charged with a misdemeanor

3rd Offense of New Jersey DUI Laws

A third offense in 10 years will warrant the following charges:

  • A fine of $1000
  • Driver's license suspension for 10 years
  • 180 Days in JAIL
  • Automobile insurance surcharge of $1000 a year for three years is required
  • You will be charged with a misdemeanor

Drunk Driving Penalties in New Jersey

Note that in addition to all of the offender charges, you also have to pay each of the following fines for each charge.

1.      $100 surcharge that goes towards the drunk driving enforcement fund

2.      $4100 state and municipality fee

3.      $100 motor vehicle restoration fee

4.      $100 intoxicated driver program fee

5.      $100 violent crimes compensation fee

Hire A New Jersey DUI Lawyer

It is imperative that you hire a qualified New Jersey DUI lawyer if you hope to avoid these charges and convictions. Remember that these convictions stay on your record for your entire life. With the aid of an attorney, the charges can be dropped or reduced, with lower fees, jail time and suspension possible.

Contact New Jersey Drunk Driving Attorneys


Contact our Attorneys to get more information about Drunk Driving in New Jersey:

  • Absecon
  • Asbury Park
  • Atlantic City
  • Bayonne
  • Blackwood
  • Bloomfield
  • Brick
  • Bridgeton
  • Bridgewater
  • Clementon
  • Clifton
  • East Brunswick
  • East Orange
  • Edison
  • Elizabeth
  • Englishtown
  • Fort Lee
  • Freehold
  • Hackensack
  • Hoboken
  • Howell
  • Jackson
  • Jersey City
  • Kearny
  • Lakewood
  • Linden
  • Marlton
  • Millville
  • Monroe Township
  • Morristown
  • Mount Holly
  • Mount Laurel
  • New Brunswick
  • Newark
  • North Bergen
  • North Brunswick
  • Old Bridge
  • Passaic
  • Paterson
  • Perth Amboy
  • Piscataway
  • Plainfield
  • Princeton
  • Sewell
  • Somerset
  • Teaneck
  • Toms River
  • Trenton
  • Union
  • Vineland
  • Wayne
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