New Jersey DUI/DWI Laws: Penalties, Court Process, and Records

Although each jurisdiction has its own definitions, driving while intoxicated (DWI) and driving under the influence (DUI) are crimes that are punished in every state. While DUI is also frequently used, DWI (Driving While Intoxicated) is the official term in New Jersey.

Unlike in many other states, DWI is not considered a crime in New Jersey but a traffic violation. Nevertheless, it carries harsh penalties, including obligatory fines and license suspensions.

What Is a DWI in New Jersey?

DWI is defined as operating a motor vehicle while under the influence of alcohol, drugs, hallucinogens, or substances that cause habit formation under N.J.S.A. 39:4-50.

The legal thresholds in New Jersey are calculated by blood alcohol concentration (BAC) and are as follows:

• 0.08% BAC for most drivers age 21 and older
• 0.04% BAC for commercial drivers
• 0.01% BAC for drivers under 21 (zero tolerance law)

It is crucial to point out that even if a driver's blood alcohol content is within the legal limit, they could still face charges if their capacity to drive safely is compromised.

DWI Penalties in New Jersey

In New Jersey, past convictions are always taken into account because there is no "look-back" temporal restriction on fines.

• First DWI Offense:
  • If the offender’s BAC is 0.08% to 0.10%, they could pay a fine of $250 to $400, get their license suspended until an IID is installed, and receive a sentence of up to 30 days in jail. They may also need to attend a 12–48-hour program at the Intoxicated Driver Resource Center (IDRC), and 3 months with an IID.
  • If the offender’s BAC is 0.10% to 0.15%, they will receive a fine of $300 to $500, a license suspension until an IID is installed and used for 7–12 months, a sentence of up to 30 days in jail, and a mandatory IDRC.
  • If the offender’s BAC is ≥0.15%, they’ll receive the same fines, plus license suspension for 4–6 months and IID for 9–15 months.
• Second DWI Offense:
  • This attracts a fine of $500 to $1,000
  • It could see the offender facing 48 hours to 90 days in jail
  • They could get their license suspended for 1 to 2 years
  • They would have to get an IID during suspension and keep it for 2–4 years after reinstatement
  • They could get 30 days of community service
• Third or Subsequent DWI Offense:
  • This attracts a fine of $1,000
  • Offenders could be looking at 180 days (may serve 90 in an inpatient rehab) in jail
  • They may get their license suspended for 8 years
  • They would have to use an IID during suspension and keep it for 2–4 years after reinstatement

Similar penalties apply to drug-related DWIs, and under New Jersey's implied consent law, refusing to take a breathalyzer can result in further fines and license bans.

DWI Arrest and Court Process in New Jersey

New Jersey’s DWI process differs from many states since DWI is a traffic offense handled in municipal court rather than criminal court:

1. Traffic Stop and Arrest – Officers conduct field sobriety and breath tests. Refusal results in automatic penalties.
2. Booking and Charges – The driver is processed and issued a DWI summons.
3. Administrative License Suspension – The New Jersey Motor Vehicle Commission (MVC) enforces suspensions based on test results or refusal.
4. Court Hearing (Municipal Court) – The defendant appears before a municipal judge, who hears the case without a jury.
5. Sentencing – If convicted, penalties include fines, jail, suspension, IID, and treatment at IDRC.

New Jersey does not offer diversion programs for DWI, and plea bargaining to lesser charges is prohibited by law.

How to Search for DWI Records in New Jersey

DWI records are public in New Jersey, though access depends on the type of record:

• New Jersey Municipal Court Case Search: The New Jersey Municipal Court Case Search is an online tool for looking up traffic and DWI cases by name or ticket number.
• New Jersey Motor Vehicle Commission (MVC): Official driver histories, including DWI convictions, suspensions, and IID requirements, are kept up to date by the New Jersey Motor Vehicle Commission (MVC). A driver's own record may be requested.
• Municipal Court Clerk Offices: Certified DWI case files and sentencing documentation are available from municipal court clerk offices.
• New Jersey State Police (NJSP): The New Jersey State Police offers statewide criminal history checks, though DWI is not technically a criminal offense.
• Third-Party Background Check Services: Although they might offer DWI data, third-party background check services might not be completely accurate.

Records typically include BAC, conviction details, penalties, and license restrictions.

How Long Does a DWI Stay on Your Record in New Jersey?

New Jersey’s DWI retention policy is among the strictest:

• Criminal Record: DWI does not result in a criminal record because it is a traffic infraction in New Jersey. Nonetheless, it is permanently recorded in driving and traffic records.
• Driving Record: A DWI conviction always counts against future fines and remains on a person's driving record in New Jersey for the rest of their life.
• Insurance and Employment: For three to seven years, insurance firms usually charge higher rates. If employers check driving records, they may discover convictions for DWI.

Although DWI is not considered a crime in New Jersey, there are severe punishments, including required license suspensions, fines, and ignition interlock requirements. DWI convictions always count toward punishment and never "drop off," in contrast to some states. Although DWI does not result in a criminal record, it is permanently recorded on driving records and is available through local courts and the MVC. Given their permanent repercussions, drivers, employers, and researchers must comprehend New Jersey's DWI statutes.