New Jersey DUI: laws and penalties for driving while intoxicated

As your driving record is typically the most significant factor in determining your auto insurance rate, drivers with a clean record typically earn the best rates because fewer incidents equals lower risk for insurance companies. Alternatively, if you have a history of traffic violations, your rates will likely be on the higher end. Driving under the influence (DUI) is a state offense and one of the most serious violations you could have on your record. As such, getting convicted of a DUI in New Jersey can impact your car insurance significantly, with the average New Jersey driver seeing a 112 percent increase in car insurance rates after a DUI. Bankrate’s team of insurance agents and industry professionals gathered rates to help drivers understand the impact after a conviction.

How does a DUI affect your insurance rate?

Your driving record is just one piece of the puzzle car insurance companies use to determine your risk, but it’s an impactful one. Things like tickets and at-fault accidents can make you a high-risk driver, especially if convicted of a DUI.

National vs state average rates with DUI

The table below shows just how much average car insurance premiums could be affected, based on rates from Quadrant Information Services. Nationally, rates increase an average of 90 percent once a DUI is on your record. If you get a DUI in New Jersey, rates increase by an average of 112 percent.

How much does it cost for insurance after a DUI in New Jersey?

Each car insurance company in New Jersey has different rating structures, meaning how factors are weighed will vary. Therefore, so will your final rate. For example, Allstate’s average annual minimum coverage rate is $978 for drivers with a clean record, but the average increases to $1,565 after a DUI.

The tables below show the average minimum and full coverage rates before and after a New Jersey DUI conviction from some of the top New Jersey car insurance companies. However, it’s important to keep in mind that all insurance companies judge risk differently, so standard coverage may not be guaranteed after a DUI in all cases.

New Jersey rates with DUI for minimum coverage

New Jersey rates with DUI for full coverage

Other New Jersey DUI consequences

Though high insurance premiums are one consequence of getting a DUI in New Jersey, it’s not the only way you’ll be affected. There are several NJ DUI penalties that convicted drivers may face. A DUI here can cost as much as $2,000 or more in a single year when you factor in fines, fees, jail time, lost wages, license suspensions and more.

Drivers convicted of a DWI or those who refuse a field sobriety test in New Jersey will likely have to pay an annual surcharge on their insurance for three years, per New Jersey law. The surcharge is $3,000, or $1,000 annually, for the first offense. If convicted again, the surcharge is $1,500 per year, or $4,500 total. If an adult refuses the field sobriety test, their license can be suspended for up to a year and they could face up to $500 in fines.

DUI first offense

Like many states, New Jersey takes DUIs aka DWIs seriously, even for the first offense. The severity of the repercussions you will face depends on how intoxicated you are, where you’re driving and how old you are. Generally, a NJ DUI first offense carries the smallest penalties, though they are still rather severe.

Drivers under the age of 21 cannot have a blood alcohol content of 0.01 percent or more. If convicted with a BAC of 0.01 percent to 0.08 percent, an underage driver will face:

• License suspension: Up to 90 days
• Community service: Up to 30 days
• Treatment program: Mandatory completion for license to be reinstated

For an adult’s first offense, drivers could face:

• Jail time: Up to 30 days
• Fines: Up to $400 or up to $500 if BAC is higher than 0.10 percent, $100 victim’s fund fee and Alcohol Education and Rehabilitation Fund, $75 to Neighborhood Services Fund
• Intoxicated Driver Resource Center (IDRC) Program: 6 hours per day for 2 consecutive days
• License suspension: 3 months or up to a year if BAC is higher than 0.10 percent
• Ignition interlock device: 3 months or 7 months if BAC is higher than 0.10 percent, up to 15 months if 0.15 percent or higher
• Driving with passenger under 18: Disorderly persons charge, community service and longer license suspension
• If within 1,000 feet of school zone: Up to $800 fine, 2 months in jail, 2 year license suspension

DUI second offense

If a second offense happens more than 10 years after the first offense charge date, it is treated like a first offense. If it happens within 10 years of the first, here’s what you can expect:

• Jail time: 48 hours to up to 90 days
• Fines: Up to $1,000 plus court fees, victim’s and reeducation funds and surcharge from first offense
• Intoxicated Driver Resource Center (IDRC) Program: Minimum of 12 hours up to 48 hours or completion of full program
• License suspension: 2 years
• Ignition interlock device: Duration of license suspension plus up to 3 years following restoration
• Community service: 30 days
• Driving with passenger under 18: Same as first offense but with more hours and longer license suspension, as determined by judge
• If within 1,000 feet of school zone: Up to $2,000 fine, 4 years license suspension, 180 days in jail, 60 days community service

DUI third offense

If a third offense occurs after the 10-year window, it will be treated as a second offense. If not, here is what a third offense could look like:

• Jail time: Up to 180 days (could be reduced to 90 if participating in rehab approved by IDRC)
• Fines: Up to $1,000 plus court fees, victim’s and reeducation funds and surcharge from first offense
• Intoxicated Driver Resource Center (IDRC) Program: Minimum of 12 hours up to 48 hours or completion of full program
• License suspension: 10 years
• Ignition interlock device: Duration of license suspension plus up to 3 years following restoration
• Community service: 30 days
• Driving with passenger under 18: Same as first offense but with more hours and longer license suspension, as determined by judge
• If within 1,000 feet of school zone: $2,000 fine, 20 years license suspension, 180 days in jail, 60 days community service

Frequently asked questions

• • What is the penalty for DUI in New Jersey?

    The penalties for a DUI in New Jersey are different depending on the circumstances of the offense, as defined by the New Jersey Motor Vehicle Commission. For example, whether or not you were near a school zone and how high your BAC was during the time of charge are taken into account when you are convicted. Additionally, previous convictions of a DWI in New Jersey will result in steeper fines and harsher penalties. If you refuse the field sobriety test, it is an automatic year-long license suspension and up to $500 in fines.

  • Is jail time mandatory for 1st DUI in NJ?

    Jail time for a first DUI offense in New Jersey isn’t always mandatory, but it’s a possibility, especially if your blood alcohol content (BAC) is 0.10 percent or higher or if it’s a drug-related DUI. In such cases, penalties can include a license suspension for seven months to one year, fines ranging from $300 to $500 and a possible prison term of up to 30 days. You’d also face various fees and surcharges, including a $230 Intoxicated Driver Resource Center (IDRC) fee, a $100 drunk driving fund contribution and a $1,000 annual surcharge for three years. For a DUI with a BAC between 0.08 percent and less than 0.10 percent, or based on observational evidence, the penalties are slightly lighter but still significant. They include a three-month license suspension, fines between $250 and $400 and up to 30 days in jail. Additional requirements such as 12–48 hours at an IDRC and a similar surcharge and fee structure apply. The presence of an ignition interlock device may also be required for up to one year, particularly if your BAC is 0.15 percent or greater.

  • Does a DUI ever go away in NJ?

    Unlike other states, New Jersey does not charge you criminally with a misdemeanor or felony for driving while intoxicated. This means that you won’t have a criminal record, but a DWI/DUI does stay on your driving record forever in NJ. DUIs are typically not eligible for expungement in New Jersey.

  • How do I get my license back after a DUI in NJ?

    Penalties and fees will have to be paid prior to reinstating your driver’s license in New Jersey. According to the New Jersey Motor Vehicle Commission, this includes a $100 restoration fee plus proof of payment for any outstanding fines or tickets. If your license expires while it is suspended, you will have to follow normal license renewal procedures to get a new license.

Methodology

Bankrate utilizes Quadrant Information Services to analyze April 2024 rates for all ZIP codes and carriers in all 50 states and Washington, D.C. Rates are weighted based on the population density in each geographic region. Quoted rates are based on a single, 40-year-old male and female driver with a clean driving record, good credit and the following full coverage limits:

• $100,000 bodily injury liability per person
• $300,000 bodily injury liability per accident
• $50,000 property damage liability per accident
• $100,000 uninsured motorist bodily injury per person
• $300,000 uninsured motorist bodily injury per accident
• $500 collision deductible
• $500 comprehensive deductible

To determine minimum coverage limits, Bankrate used minimum coverage that meets each state’s requirements. Our base profile drivers own a 2022 Toyota Camry, commute five days a week and drive 12,000 miles annually.

These are sample rates and should only be used for comparative purposes.

Incidents: Rates were calculated by evaluating our base profile with the following incidents applied: clean record (base) and a single DUI conviction.