The date of the offense decides which rules apply
New Jersey has rewritten its drunk driving penalties three times in six years. L.2019 c.248, in force from December 1, 2019, revised the penalties and expanded the use of ignition interlock devices while shortening license suspensions. L.2023 c.191 changed the interlock rules again, and L.2025 c.41 changed them once more.
Which version governs a case turns on the date of the offense, not the date of the hearing. A charge from a few years ago is not judged by today's rules, and most of what is written online about New Jersey DWI penalties describes some earlier version of the statute.
Charged here but licensed somewhere else
A driver licensed in another state who is convicted of DWI in New Jersey is surcharged all the same — the statute requires it whether or not you hold a New Jersey license. It runs the other way too: a New Jersey license holder convicted in another state of an offense substantially similar to New Jersey's DWI statute is surcharged here.
Our office sits on Forsgate Drive, the road serving interchange 8A of the New Jersey Turnpike, so a good share of the drivers charged near us are a long way from home. A New Jersey summons does not become someone else's problem because the license in the wallet was issued elsewhere.
What we handle
- First and subsequent DWI charges
- Breath test refusal charges, which are charged separately from the DWI itself
- Ignition interlock requirements and license consequences
- Related traffic charges arising from the same stop
- Drivers licensed outside New Jersey and charged here
- Appeals from municipal court to the Law Division of the Superior Court
Before your first appearance
- Bring the summons and every piece of paper you were given at the roadside.
- Note the date of the offense — it decides which version of the penalties applies to you.
- Do not assume what you have read online is current; the statute has changed three times since 2019.
- Speak to an attorney before the first appearance rather than after it.