New Jersey · Handbook chapter 7 · 7 min read
Chapter 7: Driver privileges and penalties
New Jersey's DUI penalties and ignition interlock rules, underage drinking, implied consent, IDRC, common violations and fines, driver improvement and probationary driver programs, surcharges and the point system.
Why this chapter matters
Driving is a privilege, not a right. The test asks what happens when you lose it: DUI penalties, point values, the Probationary Driver Program and the surcharges that follow you for three years.
Losing the privilege
A license can be suspended for unpaid parking tickets, driving while suspended, no insurance, physical or mental unfitness, drug or alcohol use, traffic violations, being at fault in a fatal crash or ignoring an MVC notice. A habitual offender is a driver suspended three times in three years.
Driving under the influence (DUI)
You can be convicted of DUI with a BAC of 0.08 percent or more, or when impaired by alcohol or drugs. You must be 21 to buy, have or drink alcohol.
First offense, adults
| BAC | Fine | Other penalties |
|---|---|---|
| 0.08 to under 0.10 | $250 to $400 | 12 to 48 hours at an IDRC, up to 30 days in jail, $1,000 a year for three years surcharge, interlock for 3 months |
| 0.10 to under 0.15 | $300 to $500 | Same jail and IDRC terms, interlock for 7 months to 1 year |
| 0.15 or higher | $300 to $500 | Interlock during the suspension and for 12 to 15 months after the license is restored |
For a first offense below 0.15 committed on or after December 1, 2019, the manual's chart says the license is lost until an interlock is installed; at 0.15 or higher the chart lists a 3-month loss of license. Second and third offenses bring longer suspensions, higher fines and longer interlock periods. A parent who drives drunk with a child under 18 aboard faces extra penalties.
Under 21
A driver under 21 with a BAC of 0.01 percent up to under 0.08 faces a 30 to 90 day suspension (starting when they become eligible for a license, if they have none), 15 to 30 days of community service and an IDRC or alcohol education program. Buying or drinking alcohol under 21 in a licensed place can cost $500 and a suspension. Underage drinking may delay your license by 90 days.
Implied consent and refusal
By using New Jersey roads you have agreed to a breath test after an arrest for intoxicated driving. A driver who refuses is taken to a hospital, where staff may draw blood. Refusal brings a surcharge of $1,000 a year for three years, loss of driving privileges and, for a first offense, no driving until an ignition interlock is installed.
Ignition interlock
An interlock is a breath tester wired to the car. It will not let the engine start if your BAC is over 0.05 percent. Voluntary installation before conviction can reduce fines and suspension time.
Intoxicated Driver Resource Centers
Every alcohol-related offender attends an IDRC. Each of New Jersey's 21 counties has one for first and third offenders; second offenders go to a regional center. Those who need treatment are referred for at least 16 weeks.
Other violations
- Unsafe driving: fines of $50 to $150 for a first offense, rising after that, with four points for a third offense within five years.
- Reckless driving: up to 60 days in jail or a $50 to $200 fine, plus points.
- Open alcohol or unsealed cannabis in the passenger area: $200 for a first offense.
- Flying ice from a private car: $200 to $1,000 each time it causes death, injury or damage.
- Work zones and 65 mph zones: doubled fines.
- Failing to light your interior when an officer asks at a stop: $50.
- Hit-and-run with injury: $2,500 to $5,000 and/or 180 days in jail and a one-year loss of license; a second offense means permanent loss.
- Safe Passing law: not passing a vulnerable road user with due caution costs $100, or $500 and two points if someone is hurt.
- Driving while suspended: $500 for a first offense, $750 and up to five days in jail for a second, $1,000 and 10 days for a third.
- Lying on an application or letting someone else take your test: fines of $200 to $500 and possible jail.
- Insurance fraud: up to $5,000 or three years in prison, plus a one-year license loss.
Driver programs
- Driver Improvement Program: reaching 12 to 14 points within 24 months brings a notice of scheduled suspension. You can take the program (removing three points), ask for a hearing or surrender your license. A one-year probation follows.
- Probationary Driver Program: your two-year probationary period begins when you get a special learner or examination permit. Two or more moving violations totaling four or more points in that time mean you must take this program. It removes up to three points; a further violation brings a suspension. There is a $75 MVC fee plus the provider's fee.
- Defensive driving course: voluntary; removes two points and may lower insurance, but counts only once every five years.
- Mature drivers (55+): a six-hour course with possible insurance discounts.
Surcharges
Six or more points within three years bring a surcharge of $150, plus $25 for each point above six. Other annual surcharges, paid for three years:
| Violation | Surcharge per year |
|---|---|
| Unlicensed driver | $100 |
| Driving while suspended | $250 |
| No liability insurance | $250 |
| DUI or refusal | $1,000 |
| Third DUI or refusal within three years | $1,500 |
The point system
Points are added when you are convicted of a moving violation. Out-of-state violations add two points. Up to three points come off every year you drive without a violation or suspension, but never below zero.
| Violation | Points |
|---|---|
| Speeding 1 to 14 mph over | 2 |
| Speeding 15 to 29 mph over | 4 |
| Speeding 30 mph or more over | 5 |
| Tailgating | 5 |
| Reckless driving | 5 |
| Racing on a highway | 5 |
| Improper passing of a school bus | 5 |
| Improper passing of a frozen dessert truck | 4 |
| Improper passing on the right or off the road | 4 |
| Passing in a no-passing zone | 4 |
| Improper turns, including U-turns | 3 |
| Hand-held phone (third or later offense) | 3 |
| Careless driving, failing to yield, signals, STOP or YIELD signs | 2 |
| Failing to stop for a pedestrian in a crosswalk | 2 |
| Move Over law | 2 |
| Leaving the scene: no injury / injury | 2 / 8 |
Interstate compacts
New Jersey shares violation information with other states through the Driver License Compact, so out-of-state tickets go on your New Jersey record, and the Nonresident Violator Compact means you must deal with a ticket from another member state or risk suspension at home.
Frequently asked questions
How many points does a tailgating ticket carry?
Five points.
How long does the DUI surcharge last?
$1,000 a year for three years.
What happens if I refuse a breath test?
You face a $1,000 yearly surcharge for three years, loss of driving privileges and an ignition interlock, and hospital staff may draw blood.
How do points come off my record?
Up to three points a year come off if you drive without violations or suspensions. A defensive driving course removes two points, once every five years.
What is the Probationary Driver Program?
A course you must take if, in the first two years after getting your permit, you are convicted of two or more moving violations totaling four or more points.
At what BAC will an ignition interlock stop the car starting?
Above 0.05 percent.
Based on the New Jersey Driver Manual (NJ MVC).