NJ MVC | Suspensions and Restorations (2024)

DUI: What the Law Says

In New Jersey, a person with a blood alcohol concentration (BAC) of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI). The law also provides that operating a motor vehicle while under the influence of intoxicating liquor, narcotic, or hallucinogenic or habit-producing drug may be proven by other observational-type evidence with or without a particular BAC test result. Additionally, if you permit another person who is “under the influence" to operate a motor vehicle or boat that you own (or is in your custody or control), you are also subject to the DUI law's mandatory penalties.

DUI Penalties

• In New Jersey, a person with a blood alcohol concentration (BAC) of 0.08% or greater who operates a motor vehicle or a boat is considered to be driving under the influence (DUI). The law also provides that operating a motor vehicle while under the influence of intoxicating liquor, narcotic, or hallucinogenic or habit-producing drug may be proven by other observational-type evidence with or without a particular BAC test result.
• Additionally, if you permit another person who is "under the influence" pursuant to the DUI statute to operate a motor vehicle or boat that you own or is in your custody or control, you are also subject to the DUI law's mandatory penalties.
• Being convicted of a DUI is a serious offense, carrying heavy penalties including:
• Fines, fees and surcharges;
• License suspension;
• Ignition interlock device;
• Jail time;
• Community service; and
• Completion of Intoxicated Driver Program.
Failure to pay DUI surcharges will result in:
• Indefinite suspension of driving privileges.
• Action filed in State Superior Court by the MVC. This may include securing a lien against your property, garnishing your wages, or other similar action.
• Mandatory fines and penalties for DUI.

Underage DUI

If you are under 21 years old and are convicted of driving or boating with a BAC of .01% or higher, the following penalties apply:
• 30–90 day license suspension;
• Possible combination of the minimum sentences above and select DUI Mandatory Fines and Penalties, depending on the situation (see above);
• 15–30 days mandatory community service; and
• Participation in alcohol education and highway safety programs at an Intoxicated Driver Resource Center (see locations).
• If you are unlicensed and under 17 years of age at the time of the incident, you are subject to a 30–90-day delay in processing your driver license.

See Full Penalty Tables

Penalties for refusing Alcotest/Breathalyzer

In New Jersey if you get arrested for a DUI, you must take an Alcotest/Breathalyzer test. When you get your license in New Jersey, you give consent for this test, known as "implied consent." If you refuse to take an Alcotest/Breathalyzer test, you will be detained and brought to a hospital where hospital staff may draw blood. If convicted of refusing to submit to a test, the penalties are similar to a conviction for DUI.

Ignition Interlock

If your license was suspended for a DUI offense, the court may require you to install an ignition interlock device to prevent a vehicle from starting if your BAC exceeds 0.05%. Residents of New Jersey must have the device installed at an installation site within the State of New Jersey. Ignition interlock device requirements:
• First DUI offense: Installation of interlock device for six months to one year upon restoration (judge's discretion); BAC 0.15% or greater requires mandatory installation of ignition interlock device during license suspension and for six months to one year following restoration
• Second DUI offense: Mandatory installation of interlock device during license suspension and for one to three years following restoration

If the court orders you to install an interlock device, you will receive a notice of suspension from the MVC with instructions on how to obtain the device. IMPORTANT NOTE: Failure to have an ignition interlock installed when ordered by a judge could result in the denial of restoration and an additional one year driving privilege suspension if convicted of driving without an interlock device. For installation availability for motorcycles and autocycles please contact the listed manufacturers directly. View the list of manufacturers .

View the list of licensed installers. (Only an installer licensed by the New Jersey Motor Vehicle Commission may be used. Before scheduling your installation, confirm that the installer you select from the manufacturer’s list is properly licensed.)

Intoxicated Driver Program (IDP)

Any person convicted of an alcohol and/or drug related traffic/driving offense, if court ordered, must participate in a program at an Intoxicated Driver Resource Center (IDRC).
• New Jersey has an IDRC in each county for first and third-time offenders and regional IDRC 48-hour centers for second-time offenders.
• During the program, offenders receive mandatory alcohol and highway safety education training.
• IDRC also screens each offender for any possible addiction problems and determines the need for a full addiction assessment.
• If the assessment determines that treatment is needed, the offender must successfully complete treatment and be monitored by the IDRC during the duration of the clinically determined length of treatment.
• IDRC reports non-compliance with education and/or treatment to the courts and the Intoxicated Driving Program (IDP). IDP makes a recommendation to the MVC for suspension or restoration based on the offender’s successful completion of IDRC conviction requirements.
Satisfactory participation in IDRC is a step toward restoring your license. Failure to comply will result in further license suspension and possible jail time.

IDRC fees and other related charges may apply:

Charge	Paid To
$100 program fee	MVC
$264 first curriculum fee	IDRC
$321 second curriculum fee	IDRC
$100 license restoration fee	MVC