39:4-50. (a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood shall be subject:

(1) For The First Offense:

(i) if the person’s blood alcohol concentration is 0.08% or higher but less than 0.10%, or the person operates a motor vehicle while under the influence of intoxicating liquor, or the person permits another person who is under the influence of intoxicating liquor to operate a motor vehicle owned by him or in his custody or control or permits another person with a blood alcohol concentration of 0.08% or higher but less than 0.10% to operate a motor vehicle, to a fine of not less than $250 nor more than $400 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of three months;

(ii) if the person’s blood alcohol concentration is 0.10% or higher, or the person operates a motor vehicle while under the influence of narcotic, hallucinogenic or habit-producing drug, or the person permits another person who is under the influence of narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control, or permits another person with a blood alcohol concentration of 0.10% or more to operate a motor vehicle, to a fine of not less than $300 nor more than $500 and a period of detainment of not less than 12 hours nor more than 48 hours spent during two consecutive days of not less than six hours each day and served as prescribed by the program requirements of the Intoxicated Driver Resource Centers established under subsection (f) of this section and, in the discretion of the court, a term of imprisonment of not more than 30 days and shall forthwith forfeit his right to operate a motor vehicle over the highways of this State for a period of not less than seven months nor more than one year;

(iii) For a first offense, a person also shall be subject to the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.). (2) For a second violation, a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).

(3) For a third or subsequent violation, a person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years. For a third or subsequent violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c.417 (C.39:4-50.16 et al.).

As used in this section, the phrase “narcotic, hallucinogenic or habit-producing drug” includes an inhalant or other substance containing a chemical capable of releasing any toxic vapors or fumes for the purpose of inducing a condition of intoxication, such as any glue, cement or any other substance containing one or more of the following chemical compounds: acetone and acetate, amyl nitrite or amyl nitrate or their isomers, benzene, butyl alcohol, butyl nitrite, butyl nitrate or their isomers, ethyl acetate, ethyl alcohol, ethyl nitrite or ethyl nitrate, ethylene dichloride, isobutyl alcohol or isopropyl alcohol, methyl alcohol, methyl ethyl ketone, nitrous oxide, n-propyl alcohol, pentachlorophenol, petroleum ether, propyl nitrite or propyl nitrate or their isomers, toluene, toluol or xylene or any other chemical substance capable of causing a condition of intoxication, inebriation, excitement, stupefaction or the dulling of the brain or nervous system as a result of the inhalation of the fumes or vapors of such chemical substance.

DWI Fines and Penalties in New Jersey

$ 300- 500 Fine for first offense. N.J.S. 39:4-50(a)(1).

$ 600-1,000 Fine for first offense within 1,000 feet of primary or secondary school or school crossing. N.J.S. 39:4-50(g)(3).

$ 500-1,000 Fine for second offense. N.J.S. 39:4-50(a)(2).

$1,000-2,000 Fine for second offense within 1,000 feet of primary or secondary school or school crossing. N.J.S. 39:4-50(g)(3).

$1,000 Fine for third or subsequent offense. N.J.S. 39:4-50(a)(3).

$2,000 Fine for third or subsequent offense within 1,000 feet of primary or secondary school or school crossing. N.J.S. 39:4-50(g)(3).

$ 0-1,000 Additional fine when a child in a vehicle driven by a parent or guardian. N.J.S. 39:4-50.15.

$ 125 Surcharge. N.J.S. 39:4-50(i).

$ 100 Drunk Driving Enforcement Fund. N.J.S. 39:4-50.8.

$ 50 Victims of Crime Compensation Board. N.J.S. 2C:43-3.1.

$ 75 Safe Neighborhood Services Fund. N.J.S. 2C:43-3.2.

$ 39 Court costs. N.J.S. 22A:3-4, 39:5-41.

$ 20 Physician’s fee (if applicable). N.J.S. 39:5-39.

Confinement

12-48 hours Intoxicated Driver Resource Center attendance for first offense. N.J.S. 39:4-50(a)(1).

48 hours Intoxicated Driver Resource Center attendance second offense. N.J.S. 39:4-50(a)(2).

0-30 days Imprisonment for first offense. N.J.S. 39:4-50(a)(1).

0-60 days Imprisonment for first offense within 1,000 feet of primary or secondary school or school crossing. N.J.S. 39:4-50(g)(3).

2-90 days Imprisonment for second offense. N.J.S. 39:4-50(a)(2).

30 days (180 hours) community service. N.J.S. 39:4-50(a)(2).

60 days (360 hours) community service. N.J.S. 39:4-50(g)(3).

4-180 days Imprisonment for second offense within 1,000 feet of primary or secondary school or school crossing. N.J.S. 39:4-50(g)(3).

180 days Imprisonment for third or subsequent offense. N.J.S. 39:4-50(a)(3).

Law Office of Steven P. Lombardi
200 C 318 Main Street

Millburn, New Jersey 07041

Phone: 973 921-2860 973 921-2860
Fax: 862 206-8021
E-mail: steven@lombardilawfirm.com