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  • Eliminate Jail Time
  • Eliminate Probation and License Suspensions
  • Eliminate Your DWI or DUI Record
  • Over 12,000+ Satisfied Clients in NJ
  • Serving All of NJ for All NJ DWI and DUI Charges

NJ DWI and DUI Penalties:

1st Offense DWI

First Offense Penalties are Dependent on BAC Level:

BAC .08 to .99

Fine: $250 to $400.00
Surcharge: $1000/yr for 3 years
Detainment: 12 to 48 hours at Intoxicated Driver Resource Center (IDRC).
Ignition Interlock: 3 months
Loss of License: 90 days or until ignition interlock installed
Jail: Up to 30 days

BAC .10 to .149 or DUI

Fine: $250 to $400.00
Surcharge: $1000/yr for 3 years
Detainment: 12 to 48 hours at Intoxicated Driver Resource Center (IDRC).
Ignition Interlock: 7 months to 12 months
Loss of License: 90 days or until ignition interlock is installed
Jail: Up to 30 days
First offense DUI Penalties are the same except that the loss of license instead of 90 days is 7-12 months and cannot be replaced with an ignition interlock, license must be actually suspended.

BAC .150+

Fine: $250 to $400.00
Surcharge: $1000/yr for 3 years
Detainment: 12 to 48 hours at Intoxicated Driver Resource Center (IDRC).
Ignition Interlock: 9 to 15 months
Loss of License: 4 to 6 months suspension suspended time is not counted for suspension until ignition interlock is installed
Jail: Up to 30 days

A DWI and DUI are charged the same in NJ:
Both carry the same penalties and are under the same law. The exception is that a DUI carries a mandatory 7 to 12 months loss of your drivers license for a first offense where a DWI may have as little as 90 days. If you received a DWI this means that the police think that you were intoxicated by alcohol where as a DUI means that the police are unsure what substance caused your intoxication. Most DUI's are caused by drugs either prescribed or illegal. Yes you read that correctly, you can be charged with a DUI even if you took a prescribed drug so long as your ability to operate your vehicle or your ability to perform physical tests was impaired.

DWI Penalities in NJ Are Enhanced for CDL Drivers:
CDL holders are afforded half the legal BAC limit (.04) that typical drivers are given (.08 BAC), and are not allowed to have any drugs in their system that would effect their driving abilities. If a CDL driver is found to have drugs or .04 BAC they face an automatic one year loss of their CDL license for the DWI and up to 3 year loss of their DL license if they fail to take the alcotest. For a second offense the CDL driver will be facing the lifetime loss of his or her license. See: NJ CDL Disqualification Major Serious Offenses - Attorney H. Scott Alasberg. Esq., P.C. (thestagingurl.com)

2nd Offense DWI / DUI Penalties

Fine : $500 to $1,000.00
Surcharge : $1000/yr for 3 years
Detainment : 48 hours at Intoxicated Driver Resource Center (IDRC)
Ignition Interlock Device : During revocation and 2 to 4 years after driving privileges are restored
Loss of License : 1 to 2 Years
Loss of Registration Privileges : 2 Years
Community Service : 30 Days
Jail : Minimum 2 up to 90 days

Penalties noted above for a 2nd offense DWI or DUI are the same for being under the influence of Drugs or Alcohol.

3rd Offense DWI / DUI Penalties

Fine : $1,000.00
Surcharge : $1000/yr for 3 years
Ignition Interlock Device : During revocation and 2 to 4 years after driving privileges are restored.
Loss of License : 8 years
Loss of Registration Privileges : 8 years
Jail : Mandatory 180 Days of which up to 90 days may be spent at an approved drug or alcohol inpatient rehabilitation program

Penalties noted above for a 3rd offense DWI or DUI
are the same for being under the influence of Drugs
or Alcohol

Attorney H. Scott Aalsberg, Esq., P.C.

Charged with a DWI or DUI in NJ ? You face Jail Time and the mandatory loss of your license, We can help:

Don’t Give Up: For Over 30 years we have gotten Not Guilty Verdicts for our NJ DUI and DWI clients. Obviously not every case can be won, but if we haven’t won it, we have reduced it.  This includes reducing the license suspension, jail time and time spent at an IRDC Center that you face with a DWI or DUI in New Jersey. We Can Help No matter how bad your DWI or DUI case may sound.  Our head Attorney H. Scott Aalsberg has been ranked one of the Top Ten Criminal Defense Lawyers by the National Academy of Criminal Defense Lawyers, and Chosen by the National Trial Lawyers Association to be one of the Top 100 Trial Lawyers 9 years in a row.  If you need to win your DWI then, put Attorney H. Scott Aalsberg’s proven success record to work for you.    In nearly every DWI or DUI case he has defended in NJ he has eliminated both the amount of license suspension and or jail time his clients originally faced.  But time is not on your side. The sooner you call the more we can do to help, as many DWI and DUI defenses have time limitations so call now to get the best DWI Defense, you deserve it!

NJ DWI and DUI Penalties within 1000 Feet of a School or School Crossing

This law has been temporarily suspended until 12/1/2024. Anyone charged under this law from 12/1/2019 to 11/30/2024 has a defense.

Note: Pursuant to NJ Law It is not a defense that the driver was unaware that the prohibited conduct took place while on or within 1,000 feet of any school property or while driving through a school crossing. Nor is it relevant to the imposition of sentence that no juveniles were present at the time of the offense or that the school was not in session or it was after school hours. Under New Jersey Law you may be charged with both a DWI and a DWI in a school zone. All Penalties for both DWI or DUI are the same for school zones.

1st Offense School Zone DWI / DUI Penalties

Fine : $500.00 to $800.00
Loss of License : 1 to 2 Years
Jail : up to 60 days

2nd Offense School Zone DWI / DUI Penalties

Fine : $1000.00 to $2000.00
Loss of License : 4 Years
Community Service : 60 Days
Jail : Minimum 4 days up to 180 days

3rd Offense School DWI / DUI Penalties

Fine : $2000.00
Loss of License : 20 Years
Loss of Registration Privileges : 2 Years
Jail : 180 days

NJ DWI Refusal Penalties 39:4-50.4A

Fine : $300 to $500.00
Loss of License : until ignition interlock installed
Ignition Interlock : 9 to 15 months
IRDC/Jail : 12 to 48 hours

1st Offense

Fine : $300 to $500.00
Loss of License : until ignition interlock installed
Ignition Interlock : 9 to 15 months
IRDC/Jail : 12 to 48 hours

2nd Offense

Fine : $500 to $1000.00
Loss of License : 1-2 Years
Ignition Interlock : 2 to 4 Years
IRDC/Jail : 12 to 48 hours

3rd Offense

Fine : $1000.00
Loss of License : 8 Years
Ignition Interlock : 2 to 4 Years
IRDC/Jail : 12 to 48 hours

When Only Winning Counts!

Call : 1-800-9-RIGHTS

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Additional Important NJ DUI and DWI Facts:

In the State of New Jersey the following offenses are not considered different:

  • DWI (Driving While Intoxicated)
  • DUI (Driving While Under the Influence)
  • Driving While Impaired
  • Refusal to Take Breath Test (in many cases)

You had a prior Driving While Intoxicated conviction downgraded in another state to Driving While Impaired. Your conviction downgrade would not be upheld by the New Jersey courts and you would be sentenced as if the downgrade never happened.Thus, if you received another DWI in N.J. you would be sentenced in New Jersey as if you received a conviction for the original DWI charge and you would be sentenced as a second time offender.

The State of New Jersey:
NJ does not allow a restrictive license for a DUI Conviction only for and only allows, a restricted license for a 1st offense DWI Conviction with a B.A.C. level under 0.15

In The State of New Jersey:
The penalties for refusal to submit to any alcohol, blood or urine test can be the same or more than you would have gotten should you have been convicted of the actual DWI or DUI Charge

In the State of New Jersey

A DWI or DUI may be proven by 4 methods:

  • Breath Test
  • Blood Test
  • Urine Test
  • Roadside Physical Tests

The five most common roadside physical tests used to prove a DWI or DUI in NJ

Most DWI Arrests in NJ are not criminal offenses and are considered traffic offenses with jail terms possible (1st offense) and mandatory (2nd and 3rd+ Offenses).  However, many countries including Canada don’t recognize this fact and consider it the same as a felony criminal offense for denial of entry purposes.  Thus, you may be barred from entering that foreign country for life that you always dreamed to see even just for a short vacation or cruise. If you are an immigrant a DWI in NJ can mean the revocation of your status or even deportation or removal.

Recent DWI Case

In a recent NJ Supreme Court Case the court eased the rules for when a police officer may take a blood sample without a warrant for a DWI charge.  In State vs. Shayna Zalcberg. Prior to this case the court had mandated that a warrant was required for any draw of blood.  The court reasoned since the Police Officers in question were new on the force and had never been taught the procedure on how to obtain a search warrant and the fact that the alcohol would naturally dissipate the court held the taking of the blood sample was constitutional under exigency circumstances.  Therefore, as you can see from this case even the NJ Courts court will bend over backwards to sustain a DWI conviction and use the excuse that the police were not trained yet as an excuse to sustain a conviction.

Attorney H. Scott Aalsberg, Esq., P.C.

Recent DWI Ruling

In State vs. Bhavuk Uppal: The NJ Appellate Court ruled that: Where an ambulance drives the defendant to the hospital and not the cops, a blood test taken as a routine medical procedure and not at the request of the police can be used against the defendant to prove intoxication by drugs or alcohol. In this case a warrant was issued after the draw and a 2nd draw was taken. However, the court still allowed into evidence the original draw of blood without the warrant on the basis that the blood and urine samples taken before issuance of the search warrant were drawn as part of defendant’s medical care for injuries he suffered in the crash.This case shows the courts will bend over backwards to rule against a defendant, thus the reasons you need the best lawyer if you want a chance to Win!

In State vs. Gindhart The court ruled that there was no good public policy reason for requiring videotaping of Alcotests and thus not required. In this case, the court found sufficient evidence to conclude that defendant’s Alcotest was properly administered based on the word of the officer giving the test.  The court also ruled that defendant’s expert testimony supporting his claim that his GERD interfered with his Alcotest sample was not scientifically reliable to be used a defense to his conviction.

How We Can Help Win Your NJ Reckless Driving Ticket:

  • Eliminating the Jail
  • Eliminating the Points
  • Eliminating the Fine

Driving not required for a DWI or DUI Conviction

NJ has ruled since the 1980’s that you don’t need to be driving to be convicted for driving while intoxicated or driving under the influence.

Driving is defined as the ability to operate the vehicle not actually operating the vehicle.  For example a recent case in 2021 State vs. Lindsey: found that where a driver was found outside of his car admitted to going to the bathroom and the troopers testified that he was walking back to his car not in the car.  What was the verdict: the defendant was convicted. The court noted that while the troopers did not observe defendant operating the vehicle or even in the car, the defendant clearly had the intent to re-enter and operate the vehicle when the troopers happened upon him. Thus, you don’t even need to be in your car to get a DWI, they only need to prove intent that you intended to operate it at some point in time.


If you’re convicted of DWI or DUI you will lose your license. No exceptions! Without a license you can’t drive to work or anywhere else. If you drive you will go to jail. We Can Help! We have a high success ratio of reducing or eliminating the penalties associated with a DWI/DUI. Call now to set up your free consultation.

The NJ DWI and The Physical Tests

In New Jersey before we had machines that could test for the amount of alcohol in the body we had physical tests. If the machine that tested is proven to be broken by you DWI Lawyer, your DWI Lawyer must know also how to defeat the physical tests given when you were at the roadside. Although appearing easy these tests require both proper motor function and cognitive function. DWI Lawyer H. Scott Aalsberg has defeated these tests in numerous trials. Put the best chance of success on your side and put Attorney H. Scott Aalsberg, Esq., to work for you.

The NJ DWI and The Breath Test

In New Jersey the alcotest machine is the primary test used to prove intoxication for a DWI / DUI in New Jersey. This machine although not without its glitches is considered scientifically reliable and without evidence to the contrary will result in a DWI conviction. Attorney H. Scott Aalsberg knows the alcotest and knows these glitches and the defenses to use. Attorney H. Scott Aalsberg even taught these defenses to other NJ Lawyers. Put the best chance of success on your side and put Attorney H. Scott Aalsberg, Esq., to work for you!

The NJ DWI and The Blood or Urine Test

The blood/urine test is the least used test to prove a DWI due to the tests expense. Due to the high cost, a drug or urine test is generally only used in accident cases or when drugs rather than alcohol intoxication is suspected. Normally the blood draw or urine sample will occur at a hospital or other emergency facility by a doctor or nurse. These tests are the most accurate tests for blood alcohol concentration. If the driver does not or cannot consent to the test, a search warrant must be issued by a judge showing the reason for the test, with the most used reason being: exigent circumstances. Generally a police officer can establish the probable cause, the exigent circumstances and the overall reasonableness of the police conduct warranting the need for the test.

The best way to attack a DWI in NJ with a blood or urine test is by attacking:

  • The procedures used to draw the blood or urine, and
  • The chain of custody of the kit used and sample tested. A DWI with a blood or urine test is considered the hardest DWI test to beat by most DWI lawyers.

H. Scott Aalsberg, Esq.is ranked One of the
Top Ten Lawyers by The National Academy of Criminal Defense
Attorneys every year since 2014.
When you Hire the Best DWI Lawyer you put the
Best Chance of Winning on your Side.


Both Driving While Intoxicated (DWI) and Driving While Under the Influence (DUI) are classified in New Jersey as a motor vehicle offense unless a party is injured in an accident, in which case it can then be charged as a criminal offense. Once convicted in New Jersey you cannot expunge the record of a DWI or DUI off your license, regardless of how much time has passed. Therefore, to keep your low insurance rates and your driving record clean an expert defense is needed. In many cases our defense costs less than just your first years insurance premium increase should you be convicted. Each DWI/DUI is based on different facts and circumstances. If any attorney quotes you a fee before asking about your case you know that you went to the wrong lawyer as you will not be getting a defense tailored to your case. At the Law Office of Attorney H. Scott Aalsberg we are committed to helping you win your case. It is against the law for an attorney to guarantee a result, however, by choosing the best DWI / DUI attorney you put the best chance of winning on your side. Call today and set up your free in office consultation. The more time we have to work on your case the better the chance of achieving the winning DWI result you need.

Attorney H. Scott Aalsberg, Esq., P.C.

Protect Your Rights

Attorney H. Scott Aalsberg, Esq., P.C.

When Only The Best DWI Defense Will Do!
Get Not Guilty.com

H. Scott Aalsbeg, Esq., P.C.

The NJ DWI Defense Lawyer
G-10 Brier Hill Court, East Brunswick, NJ 08816
1028 Route #23 North, Wayne, NJ 08831

Top New Jersey Towns with the highest number of DWI and DUI arrests defended by the GetNotGuilty.com team of lawyers: East Brunswick NJ Wayne NJ, Newark NJ, Milltown NJ, Spotswood NJ, Woodbridge NJ, Lawrence NJ, Edison NJ, Linden NJ, Bridgewater NJ, Cherry Hill NJ, Sayreville NJ, Atlantic City NJ, Jersey City NJ, Paramus NJ, Short Hills NJ, North Brunswick NJ, South Brunswick NJ, Clifton NJ, Clark NJ, Elizabeth, Wayne New Jersey, Secaucus NJ, Deptford NJ, Eatontown NJ, Weehawken NJ, Freehold NJ, Princeton NJ, Tinton Falls NJ, South River NJ, Ocean Township NJ, Spotswood NJ, Edgewater NJ, Highland Park NJ, Edison NJ, Cinnaminson NJ, Bass River NJ, Plainsboro NJ, Atlantic City NJ, Woodbridge NJ, Union NJ, and Piscataway New Jersey.

H. Scott Aalsberg, Esq., P.C. Main office address: G-10 Brier HIll Court, East Brunswick, N.J. 08816, Satellite Office: 1028 Route #23 North Wayne, NJ.  Please consult the New Jersey Code of Criminal Justice and Motor Vehicle Laws for complete details on all fines and penalties relating to your NJ DUI or DWI.  The penalties listed in this notice are for informational purposes only do not rely on said information without speaking with a lawyer as serious errors may exist on this website or the information may be out of date.  Past performance of our New Jersey DWI Lawyers is not indicative of future performance and each case is fact sensitive, thus, the need for the in office consultation for our New Jersey DWI Attorneys to evaluate your case.  Some penalties may not apply to out of state residents, please consult an attorney in your state of residence. If a person has a professional license in NJ there may be a separate additional action relating to that individual’s ability to practice their profession. Different Penalties may apply to prior DWI and DUI convictions over 10 years old. All NJ DWI / DUI penalties listed are accurate as of date and time of publication and are subject to change at any time without notice as NJ DWI law, NJ DWI penalties and NJ DWI defenses are constantly changing.

No Aspect of this Attorney Advertisement Website or the Awards/Accolades mentioned herein have been approved by the Supreme Court of NJ Click here for a link on the methodology of each award.