Driving While Under the Influence (DUI) represents a grave offense that significantly imperils public safety. Consequently, the court may levy a period of incarceration, intending it to serve as both a deterrent and a mechanism for fostering rehabilitation. This potential custodial sentence is in addition to other penalties, which may encompass hefty monetary fines, suspension of driving privileges, mandatory community service, and various other sanctions. We invite you to continue reading for further information regarding the potential duration of a jail sentence and how our skilled Bergen County DUI Attorneys can strive to mitigate or eliminate this punishment.
How Long Will I Go to Jail for a DUI Offense in NJ?
The duration of a jail sentence for a DUI offense is dependent upon the specific details of the infraction, primarily whether it constitutes a first or subsequent conviction, your blood alcohol concentration (BAC) level, and accident involvement. In the Garden State, a first-offense DUI typically doesn’t include jail time. However, it’s at the judge’s discretion, meaning you may incur up to 30 days behind bars.
If you commit a second offense within 10 years, you will face a mandatory minimum of 48 hours in jail. Depending on the unique circumstances, the judge may impose a 90-day sentence. A third or subsequent offense carries a mandatory jail sentence of 180 days. It should be noted that the judge may permit the allocation of 90 of these days to an approved inpatient rehabilitation program. However, the remaining 10 days must be served consecutively, as intermittent service is not permitted for third or subsequent offenses. Additionally, if your BAC is above 0.15%, the penalties will be more severe.
What if I Caused a Fatal Accident?
If a DUI is discovered following a devastating accident resulting in serious bodily injury or death, it can lead to significant jail time. A criminal judge in New Jersey may find the defendant guilty of vehicular homicide, which can be charged as either a second-degree or first-degree criminal offense.
A conviction for vehicular homicide while intoxicated can result in a prison sentence between 5 to 10 years, along with a fine of up to $150,000. If the accident occurs in or near a school zone, it can be charged as a first-degree crime, which is punishable by a sentence of 10 to 20 years in prison and a fine of up to $200,000.
The New Jersey No Early Release Act (NERA) requires individuals to serve a minimum of 85 percent of their sentence before becoming eligible for parole. This equates to a mandatory minimum of four years and three months for a second-degree vehicular homicide or eight years and six months for first-degree vehicular homicide.
At The Law Offices of Carl Spector, we are prepared to help you protect your freedom. Connect with our firm today for more information.