DWI Laws

DWI Laws 2017-05-22T16:17:48+00:00

“Drunk Driving – Over The Limit, Under Arrest”

National Program to Detect, Arrest and Prosecute Drunk Drivers  

Sponsored By:

  • Township of Washington Police Department
  • National Highway Traffic Safety Administration
  • New Jersey Division of Highway Traffic Safety
  • Mothers Against Drunk Driving
  • Students Against Destructive Decisions

     The “Over The Limit – Under Arrest”  (OTLUA) program is a national effort to protect everyone from impaired drivers.  This program annually targets an eighteen-day period from mid-August through Labor Day and a twenty eight day period from early December through New Year’s Day.  These targeted periods are marked with increased saturation patrols and checkpoints in regard to drunk driving.  Local, County and State Police agencies have pledged their support for this program the aim of which is to rid our roads of drunk drivers.

     New Jersey has lowered its legal blood alcohol content to .08% for adult drivers.  Drivers under the age of 21 have a zero tolerance in regard to blood alcohol content.

     In addition to the OTLUA program’s enforcement efforts, an educational component is included as well.  For further information visit the National Highway Traffic Safety Administration.

     The Township of Washington Police Department requests that motorists remember the following advice:

     – Don’t risk it – If you plan to drink, don’t drive.

     – Choose a sober designated driver.

     – Take mass transit, a cab or ask a friend to drive you home.

     – Report impaired drivers to the Police.    

     – Always wear your safety belt. It’s your best defense against an impaired driver.

New Jersey’s DWI Laws and Penalties*

Blood Alcohol Content of .08% to less than .10%

Fine of $250 to $400, License suspension of 3 months12 to 48 hours detainment in an Intoxicated Driver Resource Center

Possible imprisonment of up to 30 days

Blood Alcohol Content of .10% and Above

First Offense:

Fine of $300 – $500

License suspension of 7 months to 1 year

$100 surcharge for drunk driving enforcement fund12 to 48 hours detainment in an Intoxicated Driver Resource Center

Possible installation of an ignition interlock device on vehicle

Possible imprisonment of up to 30 days

Mandatory completion of a DWI Countermeasure Screening and Evaluation Program

Additional insurance surcharges.

Second Offense:Fine of $500 – $1,000

License suspension for 2 years

$100 surcharge for drunk driving enforcement fund

Additional Insurance surcharges Required installation of an ignition interlock device on vehicle30 days of community service

Imprisonment of not less than 48 consecutive hours nor more than 90 days.

Third Offense:Fine of $1,000

License suspension of 10 years

$100 surcharge for drunk driving enforcement funds

Additional Insurance surcharges

Required installation of ignition interlock device on vehicle

Imprisonment of 180 days, up to 90 days of the penalty may be served performing community service

 *Note – Driver’s convicted of a DWI charge that stemmed from a motor vehicle collision that resulted in bodily injury, serious bodily injury or death will also be charged criminally under New Jersey’s Assault by Auto, Death by Auto or Vehicular Homicide statutes.  Penalties for DWI related offenses also increase if the offense was committed on or within 1000 feet of school property.

Additional DWI Related Laws And Penalties

Refusal to submit to a breath test

First Offense – Fine of $250 – $500 and a 6-month license suspension

Second Offense – Fine of $250 – $500 and a 2-year license suspension

Third Offense – Fine of $250 – $500 and a 10-year loss of license

Additional insurance surcharges

Driving While Suspended Due to DWI

Fine of $500

10 to 90 days imprisonment

1 to 2 years added license suspension

If you have an accident and someone is hurt, you face a mandatory 45 days in jail

Drinking While an Operator or Passenger in a Motor Vehicle “Open container Law

First Offense – $200 fine

Second Offense – $250 fine or 10 days of community service

Underage Driving While Intoxicated Law and Penalties

For persons under 21 (the legal age in New Jersey to purchase an alcoholic beverage) who consumes an alcoholic beverage, then drives a vehicle when their blood alcohol concentration is 0.01% or more, but less than 0.08%, the penalties are as follows:

For licensed drivers: – Minimum penalty – 30 to 90 days driver’s license suspension, mandatory community service of 15 to 30 days and participation in an intoxicated driver resource center or other alcohol education and highway safety programs. Maximum penalties – If the blood alcohol concentration is 0.08% to under .10% or .10% and above, underage persons will receive sentences as described in the first, second or third offenses listed above.

For person under 21 on a permit or who are unlicensed: – Minimum penalties30 to 90 day prohibition from becoming a license driver at the age of 17, mandatory community service for 15 to 30 days and participation in an Intoxicated Driver Resource Center or other alcohol education or highway safety programs. Maximum penalties – If the blood alcohol concentration is 0.08% to less than .10% or .10% and higher, underage persons will receive sentences as described in the first, second and third offenses listed above.

*New Jersey Laws and Penalties courtesy of North Jersey AAA