If you’ve been charged with drunk driving in New Jersey—whether as a first-time or repeat offender—you face potential consequences that can affect your right to drive, your finances, your freedom, and your future. New Jersey law can impose strict penalties for conviction on a DUI charge, even for first-time offenders.
Let’s understand how a DUI is defined in New Jersey, what penalties you can expect, and how an experienced DUI lawyer in Cherry Hill, New Jersey, can protect your rights every step of the way.
What Constitutes a DUI in New Jersey
In New Jersey, unlike many other states, the terms “driving under the influence (DUI)” and “driving while intoxicated/impaired (DWI)” are commonly used interchangeably. Under New Jersey law, a person may be found guilty of drunk driving if his or her blood alcohol content (BAC), as measured by a breathalyzer or blood test, is 0.08% or higher. For drivers under 21, the legal limit drops to 0.01%. This is a per se offense, meaning prosecutors don’t need to prove visible impairment if your BAC exceeds the legal threshold. DUI in NJ also includes impairment from drugs, including prescription or over-the-counter medications.
The Penalties for First, Second, and Third DUI Offenses in New Jersey
| Offense | Fines | License Suspension | Jail Time | Other Penalties |
|---|---|---|---|---|
| First DUI | $250–$500 | Up to 1 year (BAC-dependent) | Up to 30 days | – 12–48 hr IDRC (Intoxicated Driver Resource Center) Ignition interlock (if BAC ≥ 0.15%) – $1,000 surcharge on tag renewal ( for 3 yrs) |
| Second DUI | $500–$1,000 | 1 to 2 years | 48 hrs to 90 days | – 30 days of community service – Mandatory IDRC – Ignition interlock (2–4 yrs) |
| Third DUI (and subsequent convictions) | $1,000 | 8 to 10 years | 180 days (90 mandatory, no parole) | – Mandatory IDRC – Long-term ignition interlock post-suspension |
Administrative and Court Processes After a DUI Arrest in New Jersey
After a DUI arrest in New Jersey, the legal process involves both the court system and the Motor Vehicle Commission (MVC). You’ll typically be taken to the station for a breathalyzer test, then issued a summons to appear in municipal court—not before a jury, but a judge. This criminal proceeding determines guilt or innocence, as well as sanctions, such as fines, jail, and other penalties.
Separately, the MVC handles the administrative suspension of your driver’s license. Because of New Jersey’s implied consent law, which requires that you submit to a blood alcohol test if a police officer requests one, your license can be automatically suspended for refusal to submit—even before your court case concludes.
Why Legal Representation Matters
A DUI charge in New Jersey carries serious, long-term consequences—but those penalties are not set in stone. An experienced DUI attorney understands how to evaluate the case from every angle:
- Was the traffic stop lawful?
- Were field sobriety tests properly conducted?
- Were breathalyzer devices calibrated and administered correctly?
SA failure to follow procedures in any of these areas can render the evidence inadmissible in court, which can potentially lead to the dismissal of all charges.
Beyond courtroom defenses, an attorney can negotiate reduced penalties, alternative sentencing, or diversion programs, especially for first-time offenders. In repeat cases, counsel may argue for concurrent sentencing or reduced jail time.
Without legal guidance, you risk waiving some of your rights, missing deadlines, or failing to challenge flawed evidence—putting your license, livelihood, and freedom at risk
What To Do If You’ve Been Charged
If you’re facing a DUI charge in New Jersey, don’t say anything without first retaining a qualified criminal defense attorney.
Preserve all relevant evidence, photos, witness contacts, or medical records, and follow all court instructions carefully.
If referred to the Intoxicated Driver Resource Center (IDRC), attend as scheduled.
Read Also: New Jersey Motorcycle Accidents Involving Drunk Drivers
Contact the Law Offices of David J. Karbasian, PC
When you’ve been charged with DUI in New Jersey, don’t try to resolve matters on your own. Call us today at 856-600-HURT or send us a message to schedule a confidential consultation. Evening and weekend appointments are available, and we’re happy to meet you at your home or another convenient location if needed.
We defend DUI and DWI charges across Cherry Hill and the surrounding areas, providing clients with highly personalized attention and experienced legal strategy.
