DWI PENALTIES CHART

As promised in a previous DWI post, the following DWI Penalty chart provides an accused with an idea as to the penalties they are facing under N.J.S.A. 39:4-50. However, if you have a commercial driver's license (CDL) or have been charged with driving in a school zone, you should be advised that there are additional signifcant penalties and you should contact an attorney at once.

PENALTIES FOR DWI UNDER N.J.S.A. 39:4-50 as of 6/11/08 Does Not Include the Penalties for School Zone Offenses
DWI 39:4-50 Operate or Allowing	1st Offense Per Se Alcotest or Breathalyser Reading of  0.08% but  < 0.10% alcohol while operating or allowing operation N.J.S.A. 39:4-50(a)(1)(i)	1st Offense Per Se Alcotest or Breathalyser Reading of 0.10 % alcohol or operating under the influence of drugs at any intoxicating level N.J.S.A. 39:4-50 (a)(1)(ii)	2nd Offense Within 10 years of any previous violations of DWI  in NJ or any State in the U.S.A.  N.J.S.A. 39:4-50(a)(2)	3rd or Subsequent Offense Within 10 years of of any previous violations of DWI  in NJ or any State in the U.S.A.  N.J.S.A. 39:4-50
Fines	$250-$400	$300-$500	$500-$1000	$1000
Jail	Up to 30 days in jail at the discretion of the Judge	Up to 30 days in jail at the discretion of the Judge	From 2 to 90 days in jail	Jail for not less than 180 days; however, the Judge may reduce such term for each day served in an IDRC approved in-patient rehab center. However, you can only get a maximum 90 days of jail time credit this way
Driver's License Supended or Revoked	3 months driver's license suspension	7months to 1 year driver's license suspension	2 year suspension of driver's license	10 year suspension of driver's license
Driver's License Suspened or Revoked Under 17 years old	Suspension to run through 17th birthday & thereafter for 3 months	Suspension to run through 17th birthday & thereafter for 7 months to 1 year	Suspension to run through 17th birthday & thereafter two years	Suspension to run through 17th birthday & thereafter ten years
Other $ Penalties	VCCB $50 DDEF$100 SNSF $50 N.J.S.A. 39:4-50(i) $100 Other Mandatory penalties per N.J.S.A. 39:5-41	VCCB $50 DDEF$100 SNSF $50 N.J.S.A. 39:4-50(i) $100 Other Mandatory penalties per N.J.S.A. 39:5-41	VCCB $50 DDEF$100 SNSF $50 N.J.S.A. 39:4-50(i) $100 Other Mandatory penalties per N.J.S.A. 39:5-41	VCCB $50 DDEF$100 SNSF $50 N.J.S.A. 39:4-50(i) $100 Other Mandatory penalties per N.J.S.A. 39:5-41
Other Non $ Penalties	Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per  N.J.S.A. 39:4-50(h)	Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per  N.J.S.A. 39:4-50(h)	Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per  N.J.S.A. 39:4-50(h)	Court may order participation in supervised visitation program as either a condition of probation or a form of community service as per  N.J.S.A. 39:4-50(h)
Community Service	No community service for a 1st . offense	No community service for a 1st. offense	Shall serve 30 days Community service	No community service for a 3rd or subsequent offense
Intoicated Drivers Resource Center	12 to 48 hours at IDRC & satisy the screening, evaluation  & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed.	12 to 48 hours at IDRC & satisy the screening, evaluation  & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed.	Subject to N.J.S.A. 39:4-50(b) satisy the screening, evaluation  & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed.	Subject to N.J.S.A. 39:4-50(b) satisy the screening, evaluation & referral requirements. If the requirements are not met, then there is a two (2) day mandatory jail term & no reinstatement of driver's license until the IDRC has been completed.
Ignition Interlock Device or Suspended Registration	Court may order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than  6 months & not greater than 1 year after the expiration of the suspension. No registartion revocation ofr the 1st offense.	Court may order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than  6 months & not greater than 1 year after the expiration of the suspension. No registartion revocation ofr the 1st offense.	Court shall order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than 1 year to not more than 3 years after the expiration of the suspension. OR the Court shall order the revocation of the registration certificate and plates for 2 years per N.J.S.A. 39:3-40.1.	Court shall order installation of an ignition interlock device on every owned, leased or regularly operated vehicle for not less than 1 year to not more than 3 years after the expiration of the suspension. OR the Court shall order the revocation of the registration certificate and plates for 10 years per N.J.S.A. 39:3-40.1.