New Jersey DWI Laws: Penalties, BAC & License (2026)

In New Jersey the offense is called driving while intoxicated (DWI), and under N.J.S.A. 39:4-50 it is unlawful to drive with a blood alcohol concentration (BAC) of 0.08 percent or more. A DWI is a traffic offense rather than a crime, and since December 2019 a first conviction requires a mandatory ignition interlock device, fines, and a short license forfeiture, with longer consequences at higher BAC.

This guide is part of our DUI Laws by State series.

What counts as a DWI in New Jersey

New Jersey charges the offense as driving while intoxicated under N.J.S.A. 39:4-50, which makes it unlawful to operate a vehicle while under the influence of alcohol or drugs or with a BAC of 0.08 percent or more. Because the statute also covers actual impairment, a driver below 0.08 can still be convicted if the State proves the alcohol or drugs impaired driving. Drivers under 21 fall under a 0.01 percent zero-tolerance limit in N.J.S.A. 39:4-50.14, and commercial drivers are held to 0.04 percent. New Jersey treats DWI as a Title 39 motor-vehicle offense, not a crime, so it carries no criminal record in the usual sense and is heard in municipal court. The 0.08 figure is the federal benchmark adopted by every state except Utah, which uses 0.05 percent, as the National Highway Traffic Safety Administration describes.

First-offense DWI penalties in New Jersey (fines, jail, license)

A first DWI carries a fine of $250 to $400 for a BAC of 0.08 to under 0.10 percent, or $300 to $500 for a higher reading, plus up to 30 days in jail at the court's discretion, according to the New Jersey Courts implementation notice for the 2019 law. The driver must also spend 12 to 48 hours at an Intoxicated Driver Resource Center (IDRC) and pay a state insurance surcharge of $1,000 per year for three years. The headline change from the December 1, 2019 law is that the old fixed license suspension was largely replaced by a mandatory ignition interlock device. For a first alcohol-related offense below 0.15 percent BAC, the license is forfeited only until the interlock is installed. For a first offense at 0.15 percent or higher, the driver loses the license for three months and then drives with an interlock. Drug-based DWI runs on a separate track. N.J.S.A. 39:4-50(a)(1) provides that a person convicted of operating under the influence of a narcotic, hallucinogenic or habit-producing drug shall forfeit the right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year, and N.J.S.A. 39:4-50c bars that driver from using an interlock installation to earn any credit against the forfeiture or any waiver of the fine.

Watch out: New Jersey DWI is decided entirely in municipal court. There is no separate administrative DMV hearing like in some states; the license forfeiture and interlock order come from the court, and the Motor Vehicle Commission simply carries them out.

Ignition interlock requirements in New Jersey

New Jersey overhauled its interlock rules effective December 1, 2019, and an ignition interlock device is now mandatory for a first alcohol-related offense, under N.J.S.A. 39:4-50.17. There is no interlock-free first-offense option on an alcohol reading. For a first offense below 0.15 percent BAC, the court orders the device installed and the driver may resume driving once it is in place, with the device staying for a statutory period. The interlock terms in that section are set by BAC tier, so a driver convicted on drug impairment serves the seven-month to one-year forfeiture and cannot count interlock time against it. For a first offense at 0.15 percent or higher, the device must remain installed during the license forfeiture and for 12 to 15 months after the license is restored. Second and subsequent offenses require the device for longer periods measured in years. The device requires a breath sample before the engine starts and at random intervals while driving, and it logs every reading.

License forfeiture and the court process in New Jersey

New Jersey does not run a separate administrative license track. Unlike states where a DMV imposes an immediate administrative per se suspension, the New Jersey Motor Vehicle Commission acts only on the municipal court's order. The 2019 law shifted the emphasis from license suspension to the interlock, so most first offenders now keep driving with the device rather than serving a long suspension. A first offense at 0.15 percent or higher is one exception, with a three-month forfeiture, and a first offense based on drug impairment is the other, with a forfeiture of seven months to one year. To restore full driving privileges, a driver must complete the interlock period, satisfy the IDRC requirement, pay the surcharge and restoration fees, and meet any other conditions the court imposed. Because the case is criminal-style but classified as a traffic matter, there is no jury and no separate administrative appeal.

Repeat offenses and the New Jersey look-back period

New Jersey counts prior DWIs within a 10-year look-back window, but it softens that rule with a step-down provision. Under N.J.S.A. 39:4-50, if more than 10 years pass between a prior conviction and a new offense, the court sentences the driver one tier lower, so a second offense more than 10 years after the first is treated as a first for sentencing. A second offense within the window carries a 1-to-2-year license forfeiture, mandatory community service, and 2 to 90 days in jail, while a third carries 180 days in jail and an 8-year forfeiture. Critically, there is no felony DWI in New Jersey because the offense is a traffic matter. When a DWI driver causes death or serious injury, the State can instead charge the separate indictable crimes of vehicular homicide under N.J.S.A. 2C:11-5 or assault by auto under N.J.S.A. 2C:12-1(c).

Watch out: Refusing the breath test does not protect your license. Refusal is a separate violation under N.J.S.A. 39:4-50.4a with its own fine and a mandatory interlock, and it does not stop the State from prosecuting the DWI as well.

Refusing a breath or blood test in New Jersey

New Jersey's implied consent law, in N.J.S.A. 39:4-50.2 and N.J.S.A. 39:4-50.4a, provides that by driving in the state you have agreed to submit to a breath test if arrested for DWI. Refusing is a separate violation. On a first offense the penalties include a fine of $300 to $500, referral to the IDRC, and a mandatory ignition interlock device for 9 to 15 months, with the license forfeited until the device is installed. The 2019 law replaced the old fixed refusal suspension with this interlock-centered structure, mirroring the DWI changes. Because a refusal can be charged alongside the underlying DWI, refusing the test usually adds penalties rather than avoiding them, and the refusal can be raised in the DWI case.

Can you expunge or seal a DWI in New Jersey

A DWI conviction cannot be expunged in New Jersey. The state's expungement statute, N.J.S.A. 2C:52, is part of the Code of Criminal Justice and covers crimes and disorderly-persons offenses, not Title 39 motor-vehicle violations. Because a DWI is classified as a traffic offense rather than a crime, it falls entirely outside the expungement framework and stays on the driver's Motor Vehicle Commission driving abstract permanently. This is one of the trade-offs of New Jersey treating DWI as a traffic matter: there is no criminal record to expunge, but the driving record cannot be cleared either. A DWI charge that ended in a dismissal or a not-guilty finding may have its arrest record expunged, but a conviction cannot be removed.

What to do after a DWI arrest in New Jersey

A New Jersey DWI is handled in municipal court rather than through a separate administrative agency, so the case moves on the court's schedule from the first appearance through resolution. Because the 2019 law made the ignition interlock mandatory for every first offender, understanding the interlock and surcharge obligations early matters. General information cannot tell you how your case will come out, since the outcome depends on the specific facts, the breath-test evidence, and your record. Before the first appearance, ask a New Jersey DWI lawyer for a free consultation on the breath-test evidence and your municipal court options (attorney advertising). Keep the summons, the arrest paperwork, and any test results in a safe place.

More New Jersey Laws

• New Jersey Expungement Laws
• New Jersey Warrant Search

Frequently Asked Questions

What is the BAC limit in New Jersey?

The per se limit is 0.08 percent BAC for drivers 21 and older under N.J.S.A. 39:4-50. Commercial drivers are limited to 0.04 percent, and drivers under 21 face a 0.01 percent zero-tolerance limit under N.J.S.A. 39:4-50.14.

Is DWI a crime or a traffic offense in New Jersey?

DWI is a traffic (motor-vehicle) offense in New Jersey, not a crime. It is governed by Title 39, tried in municipal court, and carries no felony or misdemeanor classification. Causing death or injury can be charged separately as vehicular homicide or assault by auto.

Do you need an interlock for a first DWI in New Jersey?

Yes. Since December 1, 2019, an ignition interlock device is mandatory for every DWI offender, including first offenders, under N.J.S.A. 39:4-50.17. There is no interlock-free first-offense option in New Jersey.

How long do you lose your license for a first DWI in New Jersey?

For a first alcohol-related offense below 0.15 percent BAC, the license is forfeited only until the interlock is installed. For a first offense at 0.15 percent or higher, the forfeiture is 3 months, followed by an interlock for 12 to 15 months after restoration. A first offense based on a narcotic, hallucinogenic or habit-producing drug is different: N.J.S.A. 39:4-50 requires a forfeiture of 7 months to 1 year, and installing an interlock earns no credit against it.

Is there a felony DWI in New Jersey?

No. New Jersey has no felony DWI because the offense is a traffic matter, not a crime. Even a third offense, with 180 days in jail and an 8-year forfeiture, stays a Title 39 violation. Death or serious injury can lead to separate indictable crimes.

What happens if you refuse a breathalyzer in New Jersey?

Refusal is a separate violation under N.J.S.A. 39:4-50.4a. A first refusal carries a $300 to $500 fine, IDRC referral, and a mandatory ignition interlock for 9 to 15 months, with the license forfeited until the device is installed. The DWI can still be prosecuted.

What is New Jersey's 10-year step-down rule?

New Jersey uses a 10-year look-back, but if more than 10 years pass between offenses, the court sentences the driver one tier lower under N.J.S.A. 39:4-50. A second offense more than 10 years after the first is sentenced as a first offense.

Can you get a DWI expunged in New Jersey?

No. Because DWI is a traffic offense, not a crime, it falls outside the expungement statute N.J.S.A. 2C:52 and stays on the driving record permanently. Only a dismissed or not-guilty DWI may have its arrest record expunged.