New Jersey DUI Laws and Penalties 2025 – All You Need to Know

If you’re facing a charge for driving under the influence (DUI), you likely are curious to know more about New Jersey DUI laws and penalties. It’s wise to hire a DUI lawyer in New Jersey to help with your case so you don’t have to do all this on your own. Regardless, it’s pertinent to have a better understanding of DUI cases in New Jersey.

New Jersey DUI Laws

In New Jersey, it’s illegal to operate a motor vehicle with a Blood Alcohol Concentration (BAC) of 0.08 percent or higher. Still, it happens. Approximately 27.6 percent of all fatalities in New Jersey in recent years involved a drug-impaired driver.

It was estimated in 2022 that a person died in a drunk driving incident every 39 minutes over the course of a year. Even when an accident doesn’t result in a fatality, it can still severely impact the victim’s life.

Between July 2023 and June 2024, there were 26,447 DWI arrests in New Jersey. Moreover, there were still 13,909 more cases pending. Our goal at Michael Rosas Law PC is to ensure that laws are being upheld and that everyone is treated fairly under the law.

New Jersey DUI Penalties

The punishment for DUI convictions in New Jersey becomes more severe with the number of offenses. New Jersey laws cover DUI first offenses, second offenses, and third or subsequent offenses:

• First DUI. Penalties for a first-time DUI offense can include a fine of $250-$400, an IID for three months, a $1,000 insurance surcharge for three years, and a maximum prison sentence of 30 days. You must also complete all requirements instated by the Intoxicated Driver Resource Center (IDRC). These penalties increase if the offender’s BAC is over 0.10 percent.
• Second DUI. A second DUI conviction carries a fine of $500-$1,000, an IID requirement for two to four years, IDRC courses, imprisonment for two to 90 days, a $1,000 insurance surcharge for three years, and a license suspension for one to two years.
• Third or subsequent DUI. Any subsequent DUI offenses can result in a $1,000 fine, community service, an eight-year license suspension, IDRC requirements, an IID for two to four years, a 180-day imprisonment term with some exceptions, and a three-year insurance surcharge of $1,500.

Moreover, the severity of the incident can impact the penalties imposed upon you. For example, penalties for a DUI with a BAC between 0.08 percent and 0.10 percent are less severe than a DUI with a BAC between 0.10 percent and 0.15 percent, and both of those convictions are less serious than a DUI with a BAC of 0.15 percent or higher.

While DUI itself is not classified as a criminal offense, it is possible for your charges to be escalated to a misdemeanor or felony if there are any aggravating factors. This is most likely in situations where you:

• Cause an accident that results in injury or death
• Drive with a suspended license
• Have a minor in the car

Work With a Local New Jersey DUI Attorney You Can Trust

Attorney Michael Robert Rosas founded Michael Rosas Law PC after serving as a partner at the law firm of Rosas & Cirigliano. Before that, he was at a boutique law firm in Newark that handled both civil and criminal matters at all levels.

Over the years, he has counseled numerous clients and guided many others to the most favorable outcomes for their cases. He’s a Certified Criminal Trial Attorney through the Supreme Court of New Jersey and is also an active member in relevant organizations. Criminal defense attorney Michael Rosas is a:

• Trustee of the New Jersey Association of Criminal Defense Lawyers
• Lifetime member of the National Association of Criminal Defense Lawyers
• Member of the New Jersey State Bar Association
• Member of the Association of the Federal Bar of New Jersey

All this being said, you can count on him and the rest of our team to provide quality assistance for your case. Facing DUI charges can be overwhelming and scary. With our New Jersey DUI attorneys on your side, you can have peace of mind knowing you have someone on your side who has a proven track record of success.

FAQs

Q: What Is the Penalty for a First-Time DUI in New Jersey?

A: Penalties for a first-time DUI where the offender’s BAC is higher than 0.08 percent but lower than 0.10 percent may include completion of a two-day course in an Intoxicated Driver Resource Center, fines between $250 and $400, imprisonment for up to 30 days, insurance surcharge of $1,000 for three years, and a suspended driver’s license until you install an ignition interlock device (IID).

Q: Can I Lose My License Immediately After a DUI Arrest in New Jersey?

A: If you’re arrested for DUI in New Jersey, it’s possible for law enforcement to confiscate your license at the scene and provide a temporary permit. After a first DUI offense, you are not able to drive legally until you install an IID. You then must have it installed for three months.

Q: Is There a Difference Between a DUI and a DWI in New Jersey?

A: New Jersey law does not distinguish between driving under the influence (DUI) and driving while intoxicated (DWI). A DWI refers specifically to being under the influence of alcohol, while a DUI can cover both drugs and alcohol. Regardless of the verbiage used, you can expect the charges to be the same.

Q: Can I Go to Jail After My First DUI Offense in New Jersey?

A: You can go to jail after your first DUI. That said, it’s likely that you can avoid this sentencing as long as your BAC wasn’t too high and you didn’t cause any injury or harm. That said, it’s still highly recommended to work with a New Jersey DUI attorney to respond to your charge and give you a fair chance at avoiding harsh penalties.

Contact a New Jersey Lawyer to Help With Your DUI Case Today

If you’re ready to strategize on your case or are in the middle of a DUI lawsuit, reach out to an experienced attorney from Michael Rosas Law PC. Simply contact our office to set up an appointment, and we can start planning your defense today.