Motor Vehicle Surcharges

A collateral consequence to a New Jersey conviction for driving while intoxicated, driving under the influence or refusal, is the imposition of a surcharge by the New Jersey Division of Motor Vehicles. The surcharge applies to drivers convicted of drunk driving or refusal to take a breathalyzer. The drinking and driving surcharges are as follows in New Jersey:

First Offense

An individual is required to pay a DWI, DUI or refusal surcharge to the New Jersey Division of Motor Vehicles in the amount of $3,000 following conviction. The surcharge is typically levied over a three year period in increments of $1,000 per year.

Second or Subsequent Offense

The surcharge is $4,500 for a second or subsequent conviction of DWI, DUI or refusal in New Jersey. Again, the Division of Motor Vehicles will typically provide for payment of the surcharge over a three year period.

It should also be noted that New Jersey’s Division of Motor Vehicles will ordinarily attempt to levy a surcharge against out-of-state drivers. However, since the State of New Jersey is not the state of licensing, it really shall be up to the home state to decide if the surcharge shall be honored and enforced against the license of an out-of-state driver.

New Jersey drivers convicted of out of state DWI, DUI or refusal, can expect a notice from the Division of Motor Vehicles if and/or when the notice of out-of-state conviction is received by New Jersey. At or about that time, the DMV shall, in all likelihood, impose the commensurate drunk driving surcharge of New Jersey.

A conviction for driving while intoxicated, driving under the influence or refusal, clearly has significant financial consequences, including a mandatory surcharge of at least $3,000. Given the significant impact a conviction shall have on an individual, it is always wise to consult an attorney. The Law Offices of Jonathan F. Marshall can assist you. Please contact us for a free initial consultation.