In New Jersey, you will face a driving while under the influence (DUI) charge if you operate a vehicle with a blood alcohol concentration (BAC) of 0.08% or greater. Unlike many other states, New Jersey does not criminalize drunk driving. A DUI is classified as a traffic offense, not an indictable crime (which would be equated to a felony) or a disorderly person’s offense (which would be equated with a misdemeanor). However, it’s considered “quasi-criminal,” which means that motorists are entitled to the same constitutional protections that defendants facing criminal charges have. While this offense won’t end up on a criminal record, it can have severe penalties. These DUI laws are enforced across New Jersey, including Bergen County courts, and understanding how these cases are handled locally can impact the outcome of your case. If you’ve been charged with DUI, please don’t hesitate to contact our experienced Bergen County DUI Attorneys, who can help you defend your rights. Please continue reading to learn whether a DUI can escalate to a felony offense in New Jersey.
When Can a DUI Escalate to a Felony Offense in New Jersey?
Although New Jersey does not classify DUI charges as misdemeanors or felonies, it’s still a serious offense that comes with substantial penalties. The state still takes DUI charges very seriously, and those convicted of this traffic violation will face severe penalties, including significant monetary fines, driver’s license suspension, installation of an ignition interlock device, participation in drunk driving education programs, and the possibility of up to 30 days of jail time. The severity of your penalties will depend on the circumstances of the offense and your criminal history. It’s crucial to understand that the higher your BAC level, the harsher the penalties you will face.
Nevertheless, there are instances in which a DUI can be escalated to a disorderly person’s offense or an indictable crime. For example, if you get into an accident and cause another bodily injury, you can be charged with Assault by Auto. If you cause another’s death, then it escalates to Death by Auto. These crimes can result in thousands of dollars in fines and decades in jail. Another example is if you are found drunk driving with a child in the vehicle or driving with a suspended driver’s license.
Common Situations Where a DUI Becomes a Criminal Offense
- Causing bodily injury (assault by auto)
- Charged after a DUI results in injury to another person
- Considered a criminal offense under New Jersey Law
- Can result in prison time, victim restitution, and hefty fines
- Causing death (death by auto/vehicular homicide)
- One of the most serious DUI-related offenses in New Jersey
- Can result in decades in prison
- Driving with a suspended license
- Often results in additional criminal charges
- Can lead to harsh penalties and extended license consequences
- DUI with a minor in the vehicle
- Can result in child endangerment
- Can elevate the case to a more serious criminal matter
What Penalties Can You Face for a New Jersey DUI?
Even though a simple DUI charge is not a crime, the penalties you can face are still severe and can increase depending on your BAC level at the time of the traffic stop and whether or not you have any prior DUI offenses on your record.
DUI Penalties Based on BAC Levels
- BAC of 0.08%-0.09%
- Fines between $250 and $400
- Potential for up to thirty days in jail
- Between 12 and 48 hours spent at the Intoxicated Driver Resource Center (IDRC)
- Installation of an ignition interlock device, typically for three months
- BAC of 0.10%-0.14%
- Between $300-$500 in dinwa
- Up to 30 days in jail
- Mandatory participation in the IDRC
- Installation of an ignition interlock device between seven months and one year
- BAC of 0.15% or higher
- Mandatory installation of an ignition interlock device for up to fifteen months
- Additional fines and surcharges imposed by the courts
Are the DUI Rules Different for Underage Drivers in New Jersey?
It’s important to understand that, because it is illegal for anyone under the age of 21 to consume alcohol in New Jersey, the rules for underage drunk drivers vary significantly. As such, the BAC limit for underage drivers in New Jersy is considerably lower than the standard legal limit for of-age drivers.
Underage DUI Penalties in New Jersey
- BAC limit:
- 0.01% or higher triggers a DUI charge for those under 21 in accordance with New Jersey’s zero-tolerance policy
- License suspension:
- 30 to 90 days
- Additional penalties:
- 15 to 30 days of community service
- Mandatory participation in alcohol education programs
- Potential long-term driving restrictions
What Factors Influence DUI Penalties in New Jersey?
The severity of DUI penalties will depend on a number of factors, including the BAC level of the driver, prior charges, and the unique circumstances of the incident.
Key Factors That Increase DUI Penalties
- Prior DUI convictions
- High BAC levels
- Accidents or injuries
- Refusal to submit to testing
Contact an Experienced Bergen County Criminal Defense Attorney
Therefore, it’s in your best interest to retain the legal services of a qualified Bergen County DUI attorney who can help you challenge your case and explore all available defenses. Given the stakes, you need quality legal representation to maximize your chances of achieving the best possible outcome. If you have been charged with drunk driving in New Jersey, please get in touch with a proficient attorney from The Law Office of Carl Spector, who can effectively fight on your behalf. Contact us today to discuss your case.