DWI And Refusal Penalty Chart
| FINE | COMM. SERV. | I.D.R.C. | LICENSE FORFEITURE | IGNITION INTERLOCK DEVICE (IID) | JAIL | |
| FIRST OFFENSE .08% up to .10% | $250 to $400 | None | 12 to 48 hours spent during 2 consecutive days – 6 hours per day | Forfeiture until installation of the IID | Must be installed for 3 months | Discretion of Court up to 30 days |
| FIRST OFFENSE .10% up to .15% | $300 to $500 | None | 12 to 48 hours spent during 2 consecutive days – 6 hours per day | Forfeiture until installation of the IID | Must be installed for 7 months to 1 year at the court’s discretion | Discretion of Court up to 30 days |
| FIRST OFFENSE .15% or more | $300 to $500 | None | 12 to 48 hours spent during 2 consecutive days – 6 hours per day | Forfeiture from 4 to 6 months and installation of the IID |
Must be installed during and following the expiration or the license forfeiture period. In addition to installation during the forfeiture period, the IID must remain installed for 9 months to 15 months, at the court’s discretion, once the license is reinstated |
Discretion of Court up to 30 days |
| FINE | COMM. SERV. | I.D.R.C. | LICENSE FORFEITURE | IGNITION INTERLOCK DEVICE (IID) | JAIL | |
| FIRST DRIVING UNDER INFLUENCE OF DRUGS (DUID) | $300 to $500 | 12 to 48 hours spent during 2 consecutive days – 6 hours per day | 7 months to 1 year | Discretion of Court up to 30 days | ||
| SECOND OFFENSE | $500 to $1,000 |
30 Days |
Court ‘s discretion to serve a minimum of 48 hours of jail through I.D.R.C. detainment | 1 to 2 years |
Must be installed during and following the expiration of the license forfeiture period. In addition to installation during the forfeiture period, the IID must remain installed for 2 to 4 years, at the court’s discretion, once the license is reinstated
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Mandatory 48 consecutive hours up to 90 days, which shall not be suspended or served on probation. |
| THIRD OR SUBSEQUENT OFFENSE | $1,000 | Per 39:4-50(h) | Per 39:4-50(b) | 8 years |
Must be installed during and following the expiration of the license forfeiture period. In addition to installation during the forfeiture period, the IID must remain installed for 2 to 4 years, at the court’s discretion, once the license is reinstated |
Mandatory 180 days in county jail or workhouse, except the Court may lower term up to 90 days, which can be served in an IDRC approved drug/alcohol inpatient rehab program |
| FIRST REFUSAL (in connection with first offense) | $300 to $500 | Same referral to I.D.R.C. in connection with a 1st DWI offense | Forfeiture until installation of the IlD to comply with 39:4-50. 16, et al. |
Must be installed during and following the expiration of the license forfeiture period. In addition to installation during the forfeiture period, the IID must remain installed for 9 months to 15 months, at the court’s discretion, once the license is reinstated |
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| SECOND REFUSAL (in connection with second offense) | $500 to $1,000 | Same referral to I.D.R.C. in connection with a 2nd DWI Offense | 1 to 2 years |
Must be installed during and following the expiration of the license forfeiture period. In addition to installation during the forfeiture period, the IID must remain installed for 2 to 4 years, at the court’s discretion, once the license is reinstated |
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| THIRD OR SUBSEQUENT REFUSAL (in connection with third or subsequent offense) |
$1,000 | Same referral to I.D.R.C. in connection with a 3rd Offense | 8 years | Must be installed during and following the expiration of the license forfeiture period.
In addition to installation during the forfeiture period, the IID must remain installed for 2 years to 4 years, commencing immediately upon installation of the IID and return of the driver’s license per 39:4-50.18 after the required license forfeiture period has been served |