Is DUI a Felony in New Jersey?

Is DUI a Felony in New Jersey?

Driving under the influence (DUI) is a big deal in New Jersey. The state has some of the toughest DUI laws in the country. But is DUI actually a felony here? Let’s break it down.

The short answer is – it depends. DUI charges in New Jersey can be misdemeanors or felonies depending on your circumstances.

For a first offense DUI that doesn’t cause injury or death, it’s a traffic violation punishable by fines, license suspension, and up to 30 days in jail. Definitely not fun, but not a felony.

But DUI charges can escalate to the felony level pretty quickly in Jersey. Here’s how:

Repeat Offenders

If it’s your second DUI offense within 10 years, it’s a misdemeanor again, but penalties go up. Jail time increases to between 48 hours and 90 days, fines up to $1,000, and license suspension up to 2 years.

A third DUI within 10 years becomes a third degree felony punishable by 3-5 years in prison and fines up to $15,000. And a fourth or subsequent violation within 10 years is a second degree felony with up to 10 years in prison and fines up to $150,000.

So yeah, repeat DUI offenses can turn into felonies real fast here. The “three strikes” rule is no joke.

Injury or Death

Even if it’s your first DUI, if you cause an injury or death it can become a felony immediately.

A DUI resulting in bodily injury to someone else bumps the charge up to a third degree felony. And if you cause a death it’s a second degree felony charge.

These types of DUI felonies can result in 5-10 years in prison even on a first offense.

DUI with a Minor

Having a minor child in the vehicle can also lead to felony charges for a first offense DUI.

If the minor is under 13 years old, it’s a second degree felony punishable by 5-10 years in prison. And if the minor is over 13 but under 18, it’s a third degree felony with 3-5 years in prison.

So driving drunk with your kids in the car is treated very severely in New Jersey.

Commercial Drivers

For commercial drivers, a first offense DUI while operating a commercial vehicle results in a “permanent commercial driver’s license disqualification.” So they basically lose their livelihood.

A second DUI in a commercial vehicle within 10 years becomes a third degree felony. So similar to the “three strikes” rule for regular drivers.

Extreme BAC Levels

In New Jersey, a BAC of 0.08% is the legal limit for DUI. But even for first offenses, a BAC of 0.15% bumps the charge up to a “special category” of DUI offender.

This results in up to 30 days jail instead of no jail time on first offense. And a BAC over 0.20% leads to mandatory jail time of at least 48 hours even on first offense.

So the higher the BAC, the more extreme the punishment, even without other aggravating factors.

As you can see, DUI charges escalate quickly to felony status in New Jersey based on circumstances.

Even first time offenses can become felonies if there are injuries/death, minors involved, or extremely high BAC levels over 0.15%. And any repeat offenses within 10 years are automatic felonies.

The moral of the story – don’t drink and drive in New Jersey. These laws are no joke. Know the risks before you get behind the wheel after drinking here. The penalties are severe.

What About Defenses?

With penalties this harsh, many people wonder about possible defenses if charged with DUI in New Jersey. There are a few options:

Fight the Traffic Stop

If you believe the traffic stop was unlawful and there was no legal reason to pull you over, your lawyer can fight to get any evidence from the invalid stop thrown out. This defense argues the whole case stems from an illegal stop.

Challenge Field Sobriety Tests

These roadside tests are subjective and can be inaccurate. You may have medical conditions like injuries that affect balance. Or conditions like asthma that impact breath tests. Your lawyer can fight the results.

Question Breathalyzer Results

Breathalyzers aren’t foolproof. Improper use, calibration issues, medical conditions, and other errors can lead to incorrect BAC readings. Your lawyer can demand evidence of proper maintenance and use.

Argue Rising Blood Alcohol

Your BAC continues rising after you stop drinking and are pulled over. So your BAC may have been lower when you were actually driving versus when tested later on. This argues the test doesn’t reflect your BAC while driving.

There are other technical defenses as well around Miranda rights, chain of custody for evidence, etc. But these are some of the main ways an experienced DUI lawyer can fight the charges.

What About Plea Deals?

Due to the harsh penalties, many DUI cases end up in plea bargains to reduce the charges in exchange for a guilty plea.

Some common plea deals for DUI in New Jersey include:

• Pleading to reckless driving instead of DUI
• Pleading to a lower tier DUI charge
• Agreeing to substance abuse counseling in exchange for reduced fines/jail time

Prosecutors often offer plea deals to avoid lengthy trials. An experienced lawyer can negotiate for the best deal given your circumstances.

But some cases clearly warrant trial, especially when there are good defenses. Don’t take any plea that seems unreasonable. Explore your options.

Should I Just Plead Guilty?

Pleading guilty without a fight is generally not advisable for DUI charges in Jersey. The penalties are so severe that it’s worth having an attorney review your case for any potential defenses.

And a guilty plea means you lose any negotiating leverage for a better plea deal. The prosecutor won’t offer much if you admit guilt upfront.

At a minimum, have a lawyer do their own investigation, request evidence like calibration records, and negotiate with the prosecutor before making any admissions. There may be plea deals that make sense, but don’t plead guilty right away.

What If I Can’t Afford a Lawyer?

DUI charges carry severe enough penalties that having a lawyer is highly recommended. But public defenders are an option if you truly can’t afford private counsel.

Public defenders are often overworked and juggling many cases, but they know the prosecutors and local courts well. Just understand their time is limited compared to private attorneys.

Payment plans are also an option with many lawyers. And some may allow payment after your case concludes. Explore options so you get experienced legal help.

Don’t go it alone without exploring representation first. The penalties are too high.

What Should I Do After a DUI Arrest?

If you are arrested for DUI in New Jersey, here are some tips:

• Remain polite and cooperative. Never get confrontational with officers.
• Do not answer questions or discuss the incident without a lawyer.
• Arrange for bail/bond money if needed to get released.
• If injured, get medical attention immediately.
• Write down all details you remember ASAP before they fade.
• Begin researching lawyers experienced with local DUI cases.
• Only discuss the incident with your attorney going forward.
• Follow the court date on any citations and make sure to appear.
• Start gathering any evidence that may help your case.
• Be prepared to attend substance abuse counseling if required.

A DUI arrest is scary, but stay calm. Get a lawyer on your side immediately. Follow their guidance in building the strongest case possible given the circumstances.

Don’t panic and plead guilty right away. There may be defenses worth pursuing. Smart legal strategy can help lessen the penalties. But act fast, as timing is critical.

DUI charges in New Jersey are complex. The penalties escalate quickly based on circumstances. Even first offenses can become felonies with aggravating factors.

Get experienced legal help to navigate the local laws and processes. Educate yourself on the risks. And make smart choices about drinking and driving going forward. The consequences simply aren’t worth it.