man's hand holding a breathalyzer piece in front of a car steering wheel

New Jersey DWI Penalties: First, Second and Third Offense Chart

A DWI in New Jersey is punished by fines, possible jail, loss of your license, an ignition interlock, an Intoxicated Driver Resource Center program and a three-year insurance surcharge, and most of those penalties increase with each offense. A first offense brings a fine of $250 to $500, up to 30 days in jail and an interlock for three months to more than a year, depending on your blood alcohol concentration (BAC). A second offense adds at least 48 hours in jail and a license loss of one to two years. A third offense means at least 180 days of incarceration, up to 90 of which may be served in an approved inpatient program, and an eight-year license loss.

First offense

Jail: Up to 30 days
License: Until interlock installedAt 0.15% BAC or more: 3 months after installation
Interlock: 3 to 15+ months
Fine: $250 to $500

First offense details

Second offense

Jail: At least 48 hoursUp to 90 days
License: 1 to 2 years
Interlock: Forfeiture + 2 to 4 years
Fine: $500 to $1,000

Second offense details

Third offense

Jail: 180 days, mandatoryUp to 90 may be served in inpatient treatment
License: 8 years
Interlock: Forfeiture + 2 to 4 years
Fine: $1,000

Third offense details

New Jersey DWI Penalties Chart

Penalty	First offense	Second offense	Third offense
Fine	$250 to $400 (0.08% to under 0.10%); $300 to $500 (0.10% or more)	$500 to $1,000	$1,000
Jail	Up to 30 days	48 consecutive hours to 90 days	180 days; up to 90 can be served in approved inpatient treatment
License forfeiture	Until an interlock is installed (under 0.15%); 3 months after installation (0.15% or more)	1 to 2 years	8 years
Ignition interlock	3 months (0.08% to under 0.10%); 7 to 12 months (0.10% to under 0.15%); during forfeiture plus 12 to 15 months (0.15% or more)	During forfeiture plus 2 to 4 years	During forfeiture plus 2 to 4 years
Community service	Not required by N.J.S.A. 39:4-50	30 days	Not required by N.J.S.A. 39:4-50
IDRC	12 to 48 hours over two consecutive days	Screening and second-offender program	Screening and program; jail cannot be served at an IDRC
Insurance surcharge	$1,000 a year for 3 years	$1,000 a year for 3 years	$1,500 a year for 3 years if within 3 years of the last offense; otherwise $1,000 a year
CDL (commercial license)	1-year disqualification (3 years if hauling hazardous materials)	Lifetime revocation	Lifetime revocation

Swipe the chart sideways to see all three offenses.

Charged with a drug DWI? Different rules apply

The chart covers alcohol DWIs. A first-offense DWI based only on drugs carries a license forfeiture of 7 months to 1 year, and drug DWIs are not eligible for the 2-for-1 interlock credit. See drug DWI in New Jersey.

These terms come from N.J.S.A. 39:4-50 and the interlock statute, N.J.S.A. 39:4-50.17. For more detail, see first offense DWI, second offense DWI and third offense DWI.

How Did New Jersey DWI Penalties Change in 2019, 2023 and 2025?

Three recent laws shape the chart above, and older articles online may not reflect them.

Dec 1, 2019P.L.2019, c.248Interlock-based penalties; shorter license losses
Feb 19, 2024P.L.2023, c.191Plea deals allowed; 0.15% tier changed
Apr 3, 2025P.L.2025, c.41Interlock credit toward license forfeiture
Jan 1, 2029Scheduled sunsetThese changes expire unless extended

P.L.2019, c.248 (effective December 1, 2019). This law shifted New Jersey from long suspensions toward interlocks and rebuilt first-offense penalties around three BAC tiers. It cut the second-offense license loss from a flat two years to one to two years. It cut the third-offense loss from ten years to eight years. It also ended the extra penalties for a DWI in a school zone.
P.L.2023, c.191 (signed December 21, 2023; main provisions effective February 19, 2024). This law pushed the 2019 changes out to January 1, 2029. For a first offender at 0.15% or more, it cut the license forfeiture from 4 to 6 months to 3 months after the interlock is installed, and raised the interlock period that follows from 9 to 15 months to 12 to 15 months. It also authorized plea agreements in DWI cases, discussed below.
P.L.2025, c.41 (effective April 3, 2025). This law clarified that a person facing a forfeiture can install an interlock in place of the forfeiture and earn credit toward it, with exceptions.

The 2025 law expanded the 2-for-1 interlock credit explained in the next section. The statute also excuses the fine for a driver who installs the device early and held a valid New Jersey license in good standing from the offense date to conviction.

The 2019, 2023 and 2025 provisions are set to expire on January 1, 2029, unless the Legislature extends them again. For more on the device itself, see our page on the ignition interlock requirement.

How Does the 2-for-1 Interlock Credit Work?

Since April 3, 2025, a driver convicted of a second or third DWI can choose to install an ignition interlock instead of sitting out the license forfeiture. You keep driving, with the interlock and a license notated for it, and every two days the device is installed counts as one day of the forfeiture. That is the 2-for-1 credit. A driver charged with a second or third offense can start earning it right after arrest by installing the device voluntarily, before any conviction.

1-year forfeiture730 daysof interlock driving, about 2 years

2-year forfeitureAbout 1,460 daysof interlock driving, about 4 years

8-year forfeiture (third offense)About 16 yearsof interlock driving

Three limits apply:

The post-forfeiture interlock still applies. Once the forfeiture is satisfied, the separate interlock period the court ordered, 2 to 4 years for a second or third offense, begins.
Some drivers are excluded. There is no credit if the DWI caused serious bodily injury, for anyone arrested for or convicted of a drug-impaired DWI, including allowing a drug-impaired person to drive, or for driving a commercial vehicle under the influence of a controlled substance.
Timing matters. The credit applies to offenses on or after April 3, 2025, and the law is set to expire on January 1, 2029, unless extended.

First offenders at 0.15% or more also earn a one-day credit for every two days an interlock is installed before sentencing, which shortens their three-month forfeiture. Installing the device about six months before sentencing can satisfy that forfeiture entirely.

2-for-1 Interlock Credit CalculatorEstimate how the 2-for-1 credit shortens a New Jersey DWI license forfeiture

OffenseForfeiture ordered (months)Date interlock installedSentencing dateThe case involved a drug DWI or caused serious bodily injury

Example: a 12-month forfeiture is satisfied after 730 days of interlock driving

Estimate only, assuming the interlock stays installed continuously. A first offense at 0.15% or more carries a 3-month forfeiture, and only interlock time before sentencing earns credit. A second offense carries a 1 to 2 year forfeiture set by the judge; a third offense carries 8 years. Results assume current law; the 2-for-1 provisions are scheduled to expire on January 1, 2029, unless extended. The Motor Vehicle Commission determines your actual dates. This is not legal advice.

Is a DWI a Criminal Offense in New Jersey?

No. New Jersey treats DWI as a motor vehicle violation under Title 39, not a crime under the criminal code. The case is heard in municipal court, by a judge, with no jury. In State v. Hamm, 121 N.J. 109 (1990), the Supreme Court held that a defendant charged with DWI is not entitled to a jury trial, because the penalty scheme did not make the offense serious enough to require one.

That label can be misleading. A DWI conviction can still mean jail, years without a license and thousands of dollars in costs. It also becomes part of your driving record and counts as a prior offense if you are ever charged again.

What Are the Penalties for Refusing a Breath Test?

Refusing to give breath samples at the station is a separate offense under N.J.S.A. 39:4-50.4a. Its penalties track the DWI scheme:

First refusal$300 to $500 fine; license forfeited until an interlock is installed

Second refusal$500 to $1,000 fine; 1 to 2 year forfeiture

Third refusal$1,000 fine; 8-year forfeiture

No jail for a refusal. Unlike a DWI, a refusal conviction carries no jail time, not even for a third offense, where a third DWI means a mandatory 180 days. A driver convicted of both DWI and refusal still faces the DWI jail terms on the DWI charge.

Each refusal also requires an IDRC referral and carries the same $1,000-a-year insurance surcharge for three years. Read more about breath test refusal in New Jersey.

What Happens With an Underage DWI?

New Jersey has a zero-tolerance rule for drivers under 21. Under N.J.S.A. 39:4-50.14, an underage driver with a BAC of 0.01% or more, but under 0.08%, commits a separate offense. The penalties are a 30 to 90 day loss or postponement of driving privileges, 15 to 30 days of community service, and an alcohol education or IDRC program. At 0.08% or more, the same driver can face a full DWI charge and every penalty in the chart. See underage DWI in New Jersey.

What Are the DWI Penalties for Commercial Drivers?

CDL holders: a second violation means losing your CDL for life

A lower limit applies behind the wheel of a commercial motor vehicle. Under N.J.S.A. 39:3-10.13, the limit is 0.04%. A first violation in a commercial vehicle results in the loss of commercial driving privileges for one year, or three years when hauling placarded hazardous materials, under N.J.S.A. 39:3-10.20. A CDL holder convicted of DWI in a personal car also loses commercial privileges for a year.

A second violation results in a lifetime revocation of commercial driving privileges under N.J.S.A. 39:3-10.20(c). That is true for any combination of a DWI in a commercial vehicle, a DWI in a personal car or a refusal, arising from two separate incidents. MVC rules can allow some lifetime revocations to be reduced to no less than 10 years.

Fines, Fees and Surcharges You Will Actually Pay

The fine is only part of the bill. The court and the Motor Vehicle Commission (MVC) also collect these statutory charges on a DWI conviction:

Fixed charges on a New Jersey DWI conviction

Drunk Driving Enforcement Fund (N.J.S.A. 39:4-50.8)$100
Alcohol Education, Rehabilitation and Enforcement Fund (N.J.S.A. 39:4-50(b))$100
DWI surcharge (N.J.S.A. 39:4-50(i))$125
Victims of Crime Compensation assessment (N.J.S.A. 2C:43-3.1)$50
IDRC fee, per day (N.J.S.A. 39:4-50(f))$75 or $100
MVC restoration fee$100
MVC insurance surcharge, 3 years$3,000

More than $3,400 in fixed charges before the fine.

The insurance surcharge is $1,500 a year ($4,500 total) for a third DWI within three years of the last one. Court costs, interlock fees and higher insurance premiums are extra.

What Is the 10-Year Step-Down Rule?

Time between offenses can lower your sentence. Under the closing paragraph of N.J.S.A. 39:4-50(a), if a second offense happens more than 10 years after the first, the court must sentence it as a first offense. If a third offense happens more than 10 years after the second, the court must sentence it as a second offense.

2nd offensemore than 10 years after the 1stsentenced as a 1st offense

3rd offensemore than 10 years after the 2ndsentenced as a 2nd offense

Do Out-of-State DWI Convictions Count in New Jersey?

Yes. The statute counts a conviction under a substantially similar law in another jurisdiction as a prior offense. That is true whether or not the other state belongs to the Interstate Driver License Compact. There is one narrow exception. The prior does not count if you prove, by clear and convincing evidence, that the out-of-state conviction rested only on a BAC limit below 0.08%. If you hold an out-of-state license, the court does not collect it. Instead, it notifies the MVC, and your privilege to drive in New Jersey is revoked.

What If There Was a Child in the Car?

A child in the car can add an indictable crime to your DWI

Driving drunk with a passenger who is 17 or younger is a separate disorderly persons offense under N.J.S.A. 39:4-50.15. On top of the DWI penalties, the driver faces up to six more months of license forfeiture and up to five days of community service. As a disorderly persons offense, it can also carry a fine of up to $1,000 and up to six months in jail.

In many cases, prosecutors also charge endangering the welfare of a child under N.J.S.A. 2C:24-4, an indictable crime heard in Superior Court, not municipal court. For a parent or anyone responsible for the child, it is a second-degree crime, which carries a possible state prison term of 5 to 10 years. For anyone else, it is a third-degree crime, with a possible 3 to 5 years. The case can also lead to an investigation by the Division of Child Protection and Permanency.

Is Driving While Suspended for a DWI a Crime?

It can be. Under N.J.S.A. 2C:40-26, driving while suspended is a fourth-degree crime in two situations:

The suspension was for a second or later DWI or refusal, or
The suspension was for a first DWI or refusal, and you were already convicted once of driving while suspended during that same suspension.

A conviction requires a jail sentence with a fixed minimum of 180 days and no parole. If your license is suspended, do not drive until the MVC restores it.

What If a DWI Crash Causes Injury or Death?

Once someone is hurt or killed, the case can move out of municipal court and into Superior Court as an indictable crime:

Assault by auto (N.J.S.A. 2C:12-1(c)): causing bodily injury by driving recklessly; intoxication raises the grade of the offense
Vehicular homicide (N.J.S.A. 2C:11-5): causing a death by driving recklessly, where intoxication allows an inference of recklessness
Strict liability vehicular homicide (N.J.S.A. 2C:11-5.3): a third-degree crime when a death is caused by driving in violation of the DWI statute, without proof of recklessness

These cases need a criminal defense lawyer from day one.

How Can a Lawyer Reduce DWI Penalties?

The chart applies only after a conviction. A defense lawyer works to prevent one, or to lower its level:

Challenge the stop. If the stop was unlawful, the evidence that followed can be suppressed. Learn about challenging the traffic stop.
Attack the breath test. Calibration, operator training and the pre-test observation period can all be challenged. See our page on the Alcotest 9510.
Fight the BAC tier. A reading at 0.10% or 0.15% raises the fine, the forfeiture and the interlock time. Dropping below a tier line shortens the penalties.
Check the priors. The step-down rule and the out-of-state exception can lower a second or third offense by a full level.
Negotiate. For decades, New Jersey courts generally barred plea bargaining in DWI cases. P.L.2023, c.191 now authorizes a plea agreement in a DWI or refusal case on the prosecutor’s recommendation, with an appropriate factual basis. On February 23, 2024, the Supreme Court withdrew the old plea ban, known as Guideline 4, to align with the new law.

Related DWI pages

Frequently Asked Questions

Do you go to jail for a first DWI in New Jersey?

Jail of up to 30 days is possible for a first offense, but it is not mandatory. The required time is 12 to 48 hours at an Intoxicated Driver Resource Center, served over two days.

How long do you lose your license for a DWI in NJ?

For a first offense under 0.15%, the license is forfeited until an interlock is installed; at 0.15% or more, it is three months after installation. A second offense brings one to two years, and a third brings eight years, subject to interlock credit for eligible drivers.

Is an ignition interlock required for every DWI in New Jersey?

For alcohol DWIs, yes. Each BAC tier now carries an interlock requirement, ranging from three months for a first offense at 0.08% to under 0.10% up to two to four years after the forfeiture for a second or third offense.

Can a DWI be pled down in New Jersey?

Since February 2024, state law allows plea agreements in DWI cases on the prosecutor’s recommendation and with an appropriate factual basis. Whether a plea is offered depends on the evidence and the prosecutor handling the case.

Do you lose your CDL for a second DWI in New Jersey?

Yes. A second DWI or refusal, in a commercial vehicle or a personal car, results in a lifetime revocation of commercial driving privileges, though MVC rules can allow some revocations to be reduced to no less than 10 years.

Can you be charged with child endangerment for a DWI with a child in the car?

Yes. Besides the added DWI penalties, prosecutors often charge endangering the welfare of a child, which is a second-degree crime for a parent or caregiver and a third-degree crime for anyone else.

What is the 2-for-1 interlock credit in New Jersey?

For offenses on or after April 3, 2025, a second or third offender can drive with an ignition interlock instead of serving the license forfeiture, and every two days the device is installed counts as one day of the forfeiture. Drug DWIs and cases with serious bodily injury are excluded.

Is there jail for refusing a breath test in NJ?

No. A refusal conviction carries fines, license forfeiture and an interlock, but no jail, even for a third refusal.

Does an old DWI count against me in NJ?

Yes, but time helps. A new offense more than 10 years after the last one is sentenced one level lower, though the old conviction still counts as a prior.

Talk to a New Jersey DWI Lawyer About Your Penalties

William Proetta Criminal Law has over 15 years of criminal trial experience in municipal courts across New Jersey. We review the stop, the breath or blood test and your prior record to look for a way to beat the charge or lower the penalty level you face. Call (201) 793-8018 for a free, confidential review, 24/7, or contact us online. Se habla español.