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New Jersey DWI Laws & Penalties (2026)

New Jersey is unique — DWI is a traffic violation, not a criminal offense. However, it still carries severe penalties and cannot be expunged.

DUI attorneys available now in New Jersey
0.08%
BAC Limit
DWI
Term Used
10 yr
Lookback
Yes
Implied Consent
No
Expungement

New Jersey DWI Penalties

1st Offense

ClassificationTraffic offense (not criminal)
Jail TimeUp to 30 days
Fines$250–$400
License3-month suspension (until IID installed)
Mandatory JailNo

2nd Offense

ClassificationTraffic offense
Jail Time2–90 days
Fines$500–$1,000
License1–2 year suspension + 1–3 years IID
Felony ThresholdDUI is not a criminal offense in NJ (but penalties increase)

BAC Limits in New Jersey

0.08%
Standard Driver
0.04%
Commercial Driver
0.01%
Under 21

🔧 Ignition Interlock

Required for all offenses

Compare IID Providers →

🛡️ Insurance Requirements

SR-22 not required (NJ uses own system)

Learn About SR-22 →

📜 Expungement

New Jersey does not allow DWI expungement.

Expungement Guide →

💰 Estimated Total Cost

A first DWI in New Jersey typically costs $10,000-$25,000+ including fines, attorney, classes, IID, and insurance increases.

Calculate Your Cost →

Find a DWI Attorney in New Jersey

Connect with experienced DWI lawyers in Newark, Jersey City, Paterson, and across New Jersey.

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Official Sources & References

DUIFinders.com is not a law firm and does not provide legal advice. Information is for general purposes only. Consult a licensed attorney in New Jersey for advice specific to your situation.

New Jersey DWI FAQ

What is the BAC limit in New Jersey?

The legal BAC limit in New Jersey is 0.08% for regular drivers, 0.04% for commercial drivers, and 0.01% for drivers under 21.

What are the penalties for a first DWI in New Jersey?

A first DWI in New Jersey is a Traffic offense (not criminal). Penalties include Up to 30 days jail, $250–$400 in fines, and 3-month suspension (until IID installed) license suspension.

Is an ignition interlock device required in New Jersey?

Required for all offenses

Can a DWI be expunged in New Jersey?

No, New Jersey does not allow DWI expungement.

What is the lookback period for DWI in New Jersey?

New Jersey uses a 10-year lookback period to determine if an offense counts as a repeat offense.

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