Fable Tests

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

BACFineOther penalties
0.08 to under 0.10$250 to $40012 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 $500Same jail and IDRC terms, interlock for 7 months to 1 year
0.15 or higher$300 to $500Interlock 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.

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

Driver programs

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:

ViolationSurcharge 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.

ViolationPoints
Speeding 1 to 14 mph over2
Speeding 15 to 29 mph over4
Speeding 30 mph or more over5
Tailgating5
Reckless driving5
Racing on a highway5
Improper passing of a school bus5
Improper passing of a frozen dessert truck4
Improper passing on the right or off the road4
Passing in a no-passing zone4
Improper turns, including U-turns3
Hand-held phone (third or later offense)3
Careless driving, failing to yield, signals, STOP or YIELD signs2
Failing to stop for a pedestrian in a crosswalk2
Move Over law2
Leaving the scene: no injury / injury2 / 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).