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Penalties for Conviction of Driving While Intoxicated 39:4-50
 
 

OFFENSE

FINE

JAIL

REVOCATION

OTHER

DWI, 1ST BAC OF 0.08%, BUT LESS THAN 0.10%

Min: $250.00
Max: $400.00

Discretion of court, not more than 30 days

3 months

IDRC Program 12 to 48 hours. Court may impose ignition interlock device 6 mos to 1 year






DWI, 1st
BAC OF 0.10% OR HIGHER

Min: $300.00
Max: $500.00

Discretion of court, not more than 30 days

7 mos to 1 yr

IDRC Program 12 to 48 hours. Court may impose ignition interlock device 6 mos to 1 year






DWI, 2nd

Min: $500.00
Max: $1,000.00

Imprisonment not less than 48 hours or more than 90 days

2 years

IDRC Program, Community Service 30 days, install ignition interlock device for 1 to 3 years, or registration revoked for 2 years






DWI, 3rd and
subsequent

$1,000.00

Imprisonment not less than 180 days in county jail, court may allow 90 days of the jail term to be served in an inpatient rehabilitation program

10 years

IDRC Program, install ignition interlock device for 1 to 3 years, or registration revoked for 10 years

DWI, 1st
SCHOOL ZONE

Min: $500.00
Max: $800.00

Not more than 60 days

1 to 2 years

IDRC Program 12 to 48 hours. Court may impose ignition interlock device 6 mos to 1 year






DWI, 2nd
SCHOOL ZONE

Min: $1,000.00
Max: $2,000.00

Imprisonment not less than 96 hours or more than 180 days

4 years

IDRC Program, Community Service 60 days, install ignition interlock device for 1 to 3 years, or registration revoked for 4 years

DWI, 3rd
SCHOOL ZONE

$2,000.00

Imprisonment not less than 180 days in county jail, court may allow 90 days of the jail term to be served in an inpatient rehabilitation program

20 years

IDRC Program, install ignition interlock device, for 1 to 3 years, or registration revoked for 20 years






OFFENSE

FINE

JAIL

REVOCATION

OTHER

REFUSAL, 1st
39:4-50.2

Min: $300.00
Max: $500.00


7 mos to 1 year

IDRC Program 12 to 48 hours






REFUSAL, 2nd
39:4-50.2

Min: $500.00
Max: $1,000.00


2 years

IDRC Program






REFUSAL, 3rd
39:4-50.2

$1,000.00


10 years

IDRC Program

REFUSAL, 1st
39:4-50.2
SCHOOL ZONE

Min: $600.00
Max: $1,000.00


1 to 2 years

IDRC Program 12 to 48 hours






REFUSAL, 2nd
39:4-50.2
SCHOOL ZONE

Min: $1,000.00
Max: $2,000.00


4 years

IDRC Program






REFUSAL, 3rd
39:4-50.2
SCHOOL ZONE

$2,000.00


20 years

IDRC Program






OFFENSE

FINE

JAIL

REVOCATION

OTHER

DRIVING UNDER THE INFLUENCE FOR DRIVERS UNDER LEGAL AGE
39:4-50.14 BAC OF 0.01% OR MORE, BUT LESS THAN 0.08%



30 to 90 days

Community Service 15 to 30 days.
IDRC Program






OFFENSE

FINE

JAIL

REVOCATION

OTHER

DRIVING WHILE SUSPENDED FOR DWI

$500.00

10 to 90 days

Additional suspension of 1 to 2 years


 
     
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