DUI, breath test refusal and interlock penalties

Key points

1. You can be convicted of DUI with a BAC of 0.08% or higher, or when under the influence of alcohol or drugs.

   Source: Handbook p. 122

   “If a driver’s blood alcohol concentration is 0.08% or higher, or a person operates a motor vehicle while under the influence of intoxicating liquor or drugs, they may be convicted of driving under the influence.”
   New Jersey Driver Manual, Handbook p. 122

2. A first DUI at 0.08% to under 0.10% means a $250 to $400 fine and 12 to 48 hours at an Intoxicated Driver Resource Center (IDRC).

   Source: Handbook p. 123

   “0.08% or more but less than 0.10%. (N.J.S.A. 39:4-50) • $250-$400 fine. • 12- to 48-hour participation in an Intoxicated Driver Resource Center (IDRC).”
   New Jersey Driver Manual, Handbook p. 123

3. A DUI also brings a $1,000 surcharge every year for 3 years.

   Source: Handbook p. 123

   “$100 Alcohol Education, Rehabilitation and Enforcement Fund (AERF) fee. (N.J.S.A. 39:4-50(b)) • $1,000 annual surcharge for three years.”
   New Jersey Driver Manual, Handbook p. 123

4. An ignition interlock keeps the car from starting if your BAC is over 0.05%.

   Source: Handbook p. 127

   “An ignition interlock device has a built-in breathalyzer and prevents the vehicle from starting if the motorist’s BAC exceeds 0.05%.”
   New Jersey Driver Manual, Handbook p. 127

5. After a first DUI at 0.08% to under 0.10%, the interlock stays on for 3 months after your license is restored.

   Source: Handbook p. 127

   “First DUI offense with BAC 0.08% or greater but less than 0.10%: Installation of ignition interlock device for three months from the date of driving privilege restoration.”
   New Jersey Driver Manual, Handbook p. 127

6. At 0.10% to under 0.15%, the interlock period is 7 months to 1 year after restoration.

   Source: Handbook p. 127

   “First DUI offense with BAC 0.10% or greater but less than 0.15%: Installation of ignition interlock device for seven months to one year from the date of the driving privilege restoration.”
   New Jersey Driver Manual, Handbook p. 127

7. By driving in New Jersey you have agreed to a breath test after an arrest. Refusing brings a $1,000 surcharge each year for 3 years.

   Source: Handbook p. 127

   “Motorists who refuse to take a breath test in New Jersey are subject to a violation surcharge of $1,000 per year for three years.”
   New Jersey Driver Manual, Handbook p. 127

8. An open alcohol container in the passenger area costs $200 for a first offense.

   Source: Handbook p. 129

   “Motorists who carry open or unsealed alcoholic beverage containers or unsealed cannabis items in passenger areas of motor vehicles are subject to a fine of $200 for a first offense”
   New Jersey Driver Manual, Handbook p. 129

9. A driver under 21 who buys or drinks alcohol in a licensed place may be fined $500 and lose the license for a time.

   Source: Handbook p. 123

   “If a driver under age 21 buys or drinks alcohol in a place with an alcoholic beverage license, he/she may be fined $500 and lose his/her license for a period of time.”
   New Jersey Driver Manual, Handbook p. 123

10. A parent convicted of DUI with a minor in the car also faces up to 6 months of suspension and up to 5 days of community service.

    Source: Handbook p. 133

    “driving privilege is subject to suspension for up to six months and they shall be ordered to perform community service for a period of up to five days.”
    New Jersey Driver Manual, Handbook p. 133

Numbers to know

3 questions from the New Jersey practice test

1. 1. At what blood alcohol concentration may a New Jersey driver be convicted of driving under the influence?

   1. 0.15% only when a crash occurs
   2. 0.01% only for drivers over 21
   3. 0.08% or higher
   4. Any reading only after a refusal
   Show answer

   0.08% or higher. New Jersey identifies a BAC of 0.08 percent or higher as a basis for a DUI conviction, and impairment by intoxicating liquor or drugs can also qualify. The 0.01 percent figure belongs to an additional penalty rule for drivers under age 21, not the general threshold for adult drivers. A 0.15 percent reading is relevant to some penalty categories, but it is not the point at which the DUI rule begins. Treat the BAC figure as a legal threshold, not a safe-driving target.

2. 2. After a first DUI with BAC from 0.08% to below 0.10%, how long is an ignition interlock required after restoration?

   1. Three months
   2. Nine to 15 months
   3. Two to four years
   4. Seven months to one year
   Show answer

   Three months. For a first DUI offense with BAC at least 0.08% but below 0.10%, New Jersey requires an ignition interlock for three months from the date driving privileges are restored. The seven-month-to-one-year range belongs to the higher 0.10% to below 0.15% bracket. Nine to 15 months applies to a first offense at 0.15% or higher, while two to four years concerns later DUI or refusal situations. Match the duration to the BAC bracket.

3. 3. What is the first-offense fine for carrying an open or unsealed alcoholic beverage container in a vehicle’s passenger area?

   1. $250
   2. $1,000
   3. $500
   4. $200
   Show answer

   $200. New Jersey sets a $200 fine for a first offense involving an open or unsealed alcoholic beverage container in the passenger area of a motor vehicle. The $250 amount applies to subsequent offenses, so it cannot be used for the first occurrence. The $500 and $1,000 choices are not the listed amounts for this conduct. When the question says first offense, distinguish the initial fine from the later penalty or community-service alternative.

Source: the New Jersey Driver Manual, Chapter 7: Driver Privileges and Penalties. This lesson is a plain English summary, not the law itself; where it differs, the manual and the statute govern. Last checked 2026-09-27.