Legal landscape note: This article was originally published in 2017 and was reviewed and updated for republication in July 2026. New Jersey law changes frequently -- contact us to discuss how the current law applies to your situation.
Everyone makes mistakes; some are at best inconsequential like forgetting to turn the lights out when you leave the room . Some carry with them huge life consequences that can alter your future. Every time you get behind the wheel of a vehicle intoxicated there is the possibility that when you get out, your future will be permanently altered. You could potentially end yours or someone else’s life. Walking away from one DUI should be enough to never make the mistake again. However that's often not the case, this is a glimpse into the fines and penalties that will be incurred if you receive your second or third offense.
Getting a DUI can result in heavy fines and a loss of license. If you rely on a vehicle for work it can affect your stability. If within 10 years of the first offense you are charged with a second DUI/DWI the penalties will be much more severe. It also won’t matter to what degree over the legal limit you are. Meaning that if you have a BAC (Blood Alcohol Content) of 0.08% your penalties will be the same as if your BAC had been 0.19%.
In New Jersey, DWI is a serious traffic offense -- not a crime -- so a conviction does not create a criminal record, but the penalties are still severe. A second offense carries a mandatory jail term of at least 48 consecutive hours and up to 90 days. There will still be significant charges to be dealt with including the loss of your license for one to two years, with a mandatory ignition interlock device during the suspension and for two to four years after your license is restored. You’ll have to pay between $500.00 and $1,000.00 not including various other fees and surcharges. It’s safe to say that if you are convicted of a second DUI the next few years of your life are going to be altered in a big way.
While a second offense is tough, with significant fines and potential for jail time, a third offense -- one within 10 years of the second -- is even worse. There is a $1,000 fine and a mandatory 180-day jail term, of which up to 90 days may be served in an approved inpatient drug or alcohol rehabilitation program. Not to minimize the potential jail time and fines, perhaps the biggest penalty of the third offense is an eight-year forfeiture of your license, plus a mandatory ignition interlock during the forfeiture and for two to four years after restoration.
Hopefully you’ll never find out how these penalties would affect your life. In today’s modern world with access to ride-sharing apps like Uber and Lyft it should be easy to avoid a DUI. If you are facing a DUI and related charges it's imperative that you seek out legal advice to improve your chances of avoiding jail time. These charges are difficult to fight, and although New Jersey now permits plea agreements in DWI cases (a major change as of 2024), negotiating one requires experienced counsel. Don't make another mistake by attempting to face these charges alone.
If you are facing a second or third DWI charge, call today for a free consultation 800-709-1131 or fill out a contact form on our website for a no-cost consultation. We hope to hear from you today!