A DUI arrest in New Jersey creates immediate uncertainty about the legal consequences you face and whether you’ll end up with a criminal record that affects your future. Unlike most states that prosecute drunk driving as a criminal offense, New Jersey takes a different approach that confuses many people arrested for impaired driving. Understanding how New Jersey classifies DUI charges and what that means for your record, your penalties, and your future helps you make informed decisions about your DUI defense strategy.
While the classification might differ from what you expect, the consequences are still serious and require aggressive legal representation to protect your rights and minimize the impact on your life. Contact the Law Offices of Jonathan F. Marshall for a free consultation with an experienced New Jersey DUI attorney who can explain exactly what you’re facing and how to fight these charges effectively.
What Is a DUI in New Jersey?
Driving under the influence (DUI) – or driving while intoxicated (DWI) – is a severe offense. New Jersey law prohibits operating a motor vehicle while under the influence of alcohol, drugs, or any intoxicating substance that impairs the ability to drive safely.
Under N.J.S.A. 39:4-50, you can face DUI charges if your blood alcohol concentration (BAC) reaches 0.08 percent or higher or if drugs or medications impair your physical or mental faculties. The statute covers all intoxicating substances, including:
- Prescription medications
- Over-the-counter drugs
- Illegal narcotics
- Hallucinogenics
Police officers can arrest you for DUI based on observed impairment even when your BAC falls below the legal limit, particularly when substances other than alcohol cause the impairment.
Is a DUI a Criminal Charge in New Jersey?
Unlike most states that treat DUI as a criminal matter, New Jersey classifies DUI as a traffic offense rather than a crime for most violations. Courts hear DUI cases in municipal court, alongside speeding tickets and other motor vehicle infractions, rather than in criminal court, where felonies and misdemeanors are prosecuted.
However, don’t let the traffic offense designation fool you into thinking these charges carry minor consequences. While they aren’t technically criminal, DWI offenses are considered quasi-criminal charges, as they still come with significant consequences and most of the legal protections of a criminal case. New Jersey DUI laws impose harsh penalties, including potential jail time, substantial fines, license suspension, and ignition interlock devices that rival or exceed criminal penalties in many other states.
What’s the Difference Between a Traffic Offense and a Criminal Charge?
Traffic offenses involve violations of motor vehicle and traffic laws. They typically result in fines, points on your driving record, and potential consequences such as license suspension or revocation. Some critical elements of traffic offenses include:
- Court jurisdiction – Municipal courts handle traffic matters rather than superior criminal courts. These proceedings move faster and follow different procedural rules than criminal cases. There is also no jury trial available.
- Penalties – These penalties focus on fines, license suspension, community service, and other administrative consequences. Jail time remains a possibility, but it is less common in civil proceedings.
- Record impact – Traffic violations appear on your driving record rather than creating a criminal record. However, serious traffic offenses can still affect employment, insurance rates, and professional licenses.
While traffic offenses don’t carry the same social stigma as criminal convictions, serious violations like DUIs still create lasting consequences that affect multiple aspects of your life.
Will I Be Charged with a Felony for a DUI in New Jersey?
New Jersey doesn’t use felony and misdemeanor classifications like other states. Instead, it categorizes crimes as disorderly persons offenses and indictable crimes. Regardless, DUI charges typically will not be criminal, let alone rise to the level of an indictable offense.
However, while most DUI violations are traffic offenses, certain circumstances can elevate the case to criminal charges – and potentially indictable crimes. For instance, if your DUI offense involves driving with a suspended license or an accident that causes serious bodily injury or death, you may face criminal charges.
Even when DUI charges remain traffic offenses, the penalties can be just as severe as criminal ones and also include possible incarceration. With these high stakes on the line, aggressive legal defense is essential – regardless of charge classification.
What Are the Penalties for a DUI in New Jersey?
DUI penalties in New Jersey vary based on your blood alcohol concentration at the time of arrest and increase substantially with each subsequent offense. Depending on the circumstances of your case, those penalties could include:
First-Time DUI Offenders
A BAC between 0.08 and 0.10 percent can result in:
- Fines between $250 and $400
- Up to 30 days of jail time
- 3-month driver’s license suspension
- Installation of an ignition interlock device (IID)
- 12 to 48 hours of participation in an Intoxicated Driver Resource Center (IDRC)
- Additional fees & surcharges
A first-time DUI involving a BAC of at least 0.10 percent or drug impairment can increase penalties to:
- Fines between $300 and $500
- Up to 30 days of jail time
- 7-month to 1-year license suspension
- Installation of an IID
- 12 to 48 hours of participation in an IDRC
- Additional fees & surcharges
Second-Time DUI Offenders
Penalties become significantly harsher for a second DUI charge and can include:
- Fines between $500 and $1,000
- 48 hours to 90 days of jail time
- 2-year license suspension
- 30 days of community service
- Installation of an IID
- 12 to 48 hours of participation in an IDRC
- Additional fees & surcharges
Three-Time DUI Offenders
Third and subsequent offenses can bring:
- $1,000 in fines
- 180 days of jail time
- 10-year license suspension
- Up to 90 days of community service, which can reduce jail time
- Installation of an IID
- 12 to 48 hours of participation in an IDRC
- Additional fees & surcharges
Underage DUI Offenders
Drivers under 21 are subject to zero-tolerance laws that forbid any measurable amount of alcohol in their system. Violating these laws can lead to:
- 30- to 90-day license suspension
- 15 to 30 days of community service
- Enrollment in alcohol education and highway safety programs
- Possible fines and other DWI penalties
Will I Have a Criminal Record After a DUI?
Most DUI convictions in New Jersey don’t create criminal records because courts classify them as traffic offenses rather than crimes. Instead, your DUI conviction appears on your driving record maintained by the New Jersey Motor Vehicle Commission. It remains visible to law enforcement, insurance companies, and certain employers who check driving histories.
However, criminal DUI cases do create permanent criminal records that appear on background checks and carry additional collateral consequences beyond standard DUI penalties. Even traffic-level DUI convictions can significantly impact CDL holders, professional drivers, and anyone whose employment depends on maintaining a clean driving record or operating company vehicles.
How Our New Jersey DUI Defense Lawyers Can Help
Don’t make the mistake of thinking that you don’t need a qualified criminal defense attorney just because your DUI offense doesn’t involve criminal charges. Every person deserves the presumption of innocence until prosecutors prove guilt beyond a reasonable doubt. Securing a DWI conviction should present a significant challenge for the state, never an easy victory handed to them by inadequate defense work.
With over 250 years of combined experience and a team with former prosecutors, we are familiar with the tactics the prosecution employs, the weaknesses in their cases, and the defenses that compel them to reconsider their charges. Don’t let insufficient legal help cost you your freedom, your license, and your future.
Contact the Law Offices of Jonathan F. Marshall for a free consultation with a New Jersey criminal defense attorney who understands both sides of DUI cases and knows how to defend against these serious charges.
