DUI Law in New Jersey
What is a DUI?
Are you facing the challenges of a DUI charge in ?
A DUI, or driving under the influence, occurs when a driver operates a vehicle while impaired by alcohol or drugs. Known as DWI in some states, this offense carries serious penalties. Whether you are convicted or acquitted, the court process can leave a lasting impact on your life.
Below, we outline the potential consequences of a DUI conviction and steps to protect yourself. Working with an experienced attorney can help safeguard your rights and navigate the complexities of your case.
Possible Consequences of a New Jersey DUI Conviction
The penalties for a DUI depend on factors such as the nature of the incident, prior convictions, and the laws in your state. In New Jersey, harsher penalties apply to repeat offenses and cases involving aggravating factors like injuries or property damage.
Even for first-time offenders, handling a DUI case without legal guidance can lead to costly mistakes. Partnering with a skilled attorney can help you minimize the impact. Below are some common consequences associated with DUI convictions.
Paying Fines
Financial penalties are a central component of DUI sentencing. In New Jersey, fines for a first DUI offense start at $250 and can reach $1,000 for a third offense.
Other circumstances that could increase the fines include:
- Damage to property caused during the incident
- Injuries resulting from impaired driving
- Endangering a child by driving under the influence
- Court costs, program fees, and insurance surcharges
Jail Time
Jail time is often mandatory for DUI convictions. In New Jersey, first-time offenders may face up to 30 days in jail, while repeat offenders face significantly longer sentences.
For example, a third DUI offense can result in up to 180 days in jail, a $1,000 fine, and an eight-year license suspension. Additionally, offenders are required to use an ignition interlocking device for at least two years. Aggravating factors like high BAC levels or causing injury can lead to even harsher penalties.
Probation
If you avoid jail time, probation is typically part of your sentence. New Jersey probation terms often include monthly reporting to a probation officer, regular drug and alcohol testing, and completing court-mandated programs.
Violating probation conditions, such as missing meetings or failing a drug test, can lead to additional penalties. If your probation officer reports a violation, the court may issue a warrant for your arrest, and you could face a hearing to determine further consequences.
Drug and Alcohol Education Program
Following a DUI conviction, New Jersey law requires offenders to attend a drug and alcohol education program. These courses aim to reduce repeat offenses by educating participants about the risks and consequences of impaired driving.
You’ll also complete a DUI evaluation as part of this process. If the evaluation indicates dependency issues, you may need to participate in a substance abuse treatment program before regaining your driving privileges. These programs come with additional costs, adding to your financial burden.
Suspension or Loss of License
License suspension is a standard penalty for DUI convictions. In New Jersey, a first offense typically results in a three-month suspension, while subsequent offenses lead to significantly longer suspension periods or permanent revocation.
Additionally, refusing a BAC test triggers an automatic license suspension under New Jersey’s implied consent laws. Challenging your suspension promptly is essential to preserving your ability to drive.
What Should You Do When Charged With a DUI in New Jersey?
If you’re facing a felony DUI charge, you must take the following steps to protect yourself:
Step 1: Contact an Attorney Familiar With New Jersey DUI Law
The first step after a DUI arrest is to consult an experienced attorney in . A knowledgeable lawyer can explain the charges, help you navigate the process, and build a strong defense to minimize penalties.
Step 2: Learn About Your State’s DUI Laws
Understanding the specific laws and penalties in New Jersey is critical. Your attorney can explain how these laws apply to your case and outline the best strategies for moving forward.
Step 3: Request a DMV Hearing
In New Jersey, you have ten days from the date of your suspension notice to request a DMV hearing. This hearing allows you to contest the suspension and potentially retain your driving privileges.
Failing to act within the ten-day window will result in automatic suspension. The DMV provides instructions for submitting a request, and acting promptly is essential.
Step 4: Prepare for Court Appearance
Your attorney will help you prepare for court, whether it’s for arraignment or trial. If you plead “not guilty,” your attorney will present your defense and represent you throughout the legal process.
Step 5: Receive Sentencing or Exoneration
After your trial, the court will issue a verdict. If convicted, you’ll face penalties such as fines, jail time, probation, and license suspension. If acquitted, you can move forward without penalties.
Work with an Experienced Local DUI Lawyer in New Jersey
Should you ever find yourself charged with a DUI, you need to work with an experienced New Jersey lawyer who can stand up for you in court. You cannot clear your name of the charges or reduce the consequences without help. Your life and future depend on having great legal representation during your DUI case. Contact an attorney near you in New Jersey today. We can even help you connect with legal help across New Jersey state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
Do you have a different legal concern that requires the help of a lawyer? We have a network of attorneys for any area of the law you need in New Jersey.
