DRIVING WHILE SUSPENDED
N.J.S.A. 39:3-40 Inclusive
Please Note: For all offenses under N.J.S.A. 39:3-40 that involve an accident resulting in personal injury to another, the court is
required to impose a period of imprisonment for not less than 45 days, or more than 180 days. N.J.S.A. 39:3-40(e)
N.J.S.A. OFFENSE 1ST Offense 2nd Offense 3rd or Subsequent Offense
39:3-40 (f) (2) Driving while license or
registration is suspended
due to conviction for:
1. N.J.S.A. 39:4-50
(driving while intoxicated)
or
2. N.J.S.A. 39:4-50.4a
(refusal to submit to
chemical test) or
3. N.J.S.A. 39:5-30 a to
.30e (habitual offender)
$1000 fine, and $1250 fine, and $1500 fine, and
Imprisonment of not less than
10 days, nor more than 90
days, and
Shall impose imprisonment of
1-5 days. Shall impose
additional Imprisonment of not
less than 10 days, nor more
than 90 days, and
Shall impose imprisonment of 10
days. Shall impose additional
imprisonment of not less than 10
days, nor more than 90 days, and
If offense involves a motor
vehicle moving violation, then
imprisonment for 10 days
longer than the term of
imprisonment for prior offense,
and
If offense involves a motor vehicle
moving violation, then
imprisonment for 10 days longer
than the term of imprisonment for
prior offense, and
Driver’s license suspension of
not less than 12 mos. and 1
day, nor more than 30 mos.,
and
Driver’s license suspension of
not less than 12 mos. and 1
day, nor more than 30 mos.,
and
Driver’s license suspension of not
less than 12 mos. and 1 day, nor
more than 30 mos., and
Revocation of all registration
certificates for the period
driver’s license is suspended
(see N.J.S.A. 39:3-40.1)
Revocation of all registration
certificates for the period
driver’s license is suspended
(see N.J.S.A. 39:3-40.1)
Revocation of all registration
certificates for the period driver’s
license is suspended (see
N.J.S.A. 39:3-40.1)
