New Jersey DWI Law Summary

Penalties for DWI conviction in New Jersey

First offense

Second offense

Third offense

DWI and underage

Aggravating and Mitigating Factors

Aggravating Factors. These are circumstances that tend to make court believe that a defendant deserves greater punishment than the court would ordinarily impose:

  • An accident and its victims input
  • High breathalyzer readings (say 0.15 or more, depending on the court)
  • Bad driving record
  • Offenses soon after restoration of driving privileges
  • Poor relations with the police officers involved
  • Unusual or dangerous driving leading to the police stop

Mitigating Factors. While the court can impose no less than minimum penalties required by law, it may consider mitigating factors. These are circumstances which indicate that the defendant deserves less punishment:

  • Low breathalyzer readings
  • Good driving record
  • Good relations with the police officers involved
  • Otherwise careful or nonexistent driving
  • Rehabilitation efforts
  • Adverse affect on employment and family

Mandatory Minimum Sentences. Penalties for drunk driving and breath test refusal are very serious. Although not considered "crimes" in New Jersey, those who are convicted of these offenses are punished more severely than most people convicted of crimes. The current statutory penalties for drunk driving and breath test refusal, listed with the statutory reference authorizing each penalty, follow: