Driving under the influence or DUI is a serious offense in every state, but the way each state categorizes and penalizes DUI offenses varies. In 46 states of America, a DUI can become a felony offense depending on the circumstances, typically for a repeat offense. There are only four states in which DUIs do not carry a felony charge, Maine, Maryland, Pennsylvania, and New Jersey, as well as the District of Columbia.
In New Jersey, DUI is generally treated as a traffic offense rather than a criminal felony. This is different from how most states DUI charges, however, it does not mean that the penalties are less severe. If you are charged with driving while under the influence of drugs or alcohol in NJ, it is important that you speak with a New Jersey DUI lawyer as soon as possible about how to handle your case.
DUI as a Traffic Offense in New Jersey
New Jersey categorizes DUIs as traffic offenses rather than a criminal misdemeanor or felony. This distinction means that a DUI does not create a criminal record in the same way a felony would. While this may sound less severe, DUI penalties in New Jersey can still be significant, with consequences including fines, license suspension, and jail time. Because DUIs are not felonies in New Jersey, you might wonder, ‘how long does a DUI stay on your record?’ It’s important to note that DUIs in New Jersey stay on a driver’s record indefinitely. This can impact future insurance costs and driving privileges and will be considered if you are pulled over for a second or more DUI.
Penalties for DUI in New Jersey
The penalties you will face for a DUI in New Jersey are based on your Blood Alcohol Content (BAC) level, prior offenses, and the specific circumstances of the offense. A first time offender will typically get a less harsh sentence than a prior offender. Here’s a breakdown of the primary penalties for DUI offenses:
First Offense – For a first offense DUI where your BAC is between 0.08% and 0.10% the penalties you could face range from fines of $250 to $400, license suspension until an ignition interlock device is installed, and possible jail time of up to 30 days. You will also be required to attend a program at an Intoxicated Driver Resource Center (IDRC), and you can expect a surcharge of $1,000 per year for three years to be added to your insurance. If your BAC is higher than 0.10%, the fines increase to $300 to $500.
Second Offense – If you are found guilty for driving under the influence a second time within a 10-year period, then you will be fined between $500 to $1,000, will have your driver’s license suspended for 2 years, and could so jail time of anywhere from 48 hours to 90 days. You will also have to complete a program at an IDRC, and complete community service typically for 30 days.
Third Offense – If you receive a third DUI within 10 years of the second offense, then the fine increases to $1,000, you will have your license suspended for 10 years, and you are looking at mandatory jail time of 180 days (some time may be served in inpatient rehab or IDRC). And the insurance surcharge is raised to $1,500 for three years.
Possible Criminal Charges on Top of DUI Traffic Offense Charges
While a standard DUI is considered a traffic offense in New Jersey, there are circumstances where a DUI could lead to criminal charges or additional penalties. These situations typically involve severe injury, repeat offenses, or actions that endanger public safety.
- Involvement in an Accident Causing Injury or Death – If a DUI results in a serious accident that causes injury or death, charges can escalate. In these cases, the driver could face criminal charges such as vehicular homicide or assault by auto. Both of these charges are felonies in New Jersey.
- DUI with a Minor in the Vehicle – Driving under the influence with a minor in the car is considered an aggravating factor. While it may not elevate the DUI to a felony, it can lead to additional charges, increased penalties, and potentially a child endangerment charge, which is a criminal offense.
- Refusing a Breathalyzer Test – Refusing to submit to a breathalyzer test comes with separate penalties in New Jersey, including fines, mandatory driver’s license suspension, and the installation of an ignition interlock device on your vehicle. Although refusing a breath test does not make a DUI a felony, it does add more penalties of a DUI conviction.
DUI Is Not a Felony in New Jersey, But The Consequences Are Serious
While DUI is not classified as a felony in New Jersey, the state still views DUIs as serious traffic offenses that bring strict penalties and long-lasting consequences. Repeat offenses, accidents causing injury or death, and aggravating factors can increase the penalties you will face if convicted of a DUI and can lead to criminal charges in some cases. Anyone facing DUI charges in New Jersey should contact a qualified DUI attorney right away to understand their rights, explore possible defenses, and mitigate the long-term impact of a DUI conviction.
