In New Jersey, Driving While Intoxicated (DWI) is considered a significant motor vehicle offense under the state’s legal system. This offense encompasses operating a vehicle with a blood alcohol concentration of 0.08% or higher and can lead to severe consequences, including fines, license suspension, ignition interlock requirements, and even incarceration. Understanding the legal distinctions and potential consequences of a DWI in New Jersey is crucial for drivers within the state to maintain compliance with the law and to comprehend the seriousness of impaired driving charges.
If you are facing a DWI charge in New Jersey, securing the services of a knowledgeable DWI lawyer is critical to protect your rights and your freedom. At The Kugel Law Firm, our skilled New Jersey DWI lawyers can clarify the legal nuances of your case and seek options that can lead to a favorable outcome. Experienced NJ DWI attorney Rachel Kugel has years of experience helping clients with their DWI cases. Contact us today at (973) 854-0098 to learn more about how we can help.
New Jersey DWI is a Quasi-Criminal Offense
DWIs are often referred to in New Jersey as “quasi-criminal” offenses. Drivers who are charged with DWI have the same rights as defendants in criminal cases. DWI offenses are considered quasi-criminal because even though they do not go on a person’s criminal history, they can have serious penalties. DWI convictions are subject to heavy penalties as well as the forfeiture of one’s driver’s license.
DWI traffic or quasi-criminal charges can be serious. They carry prison detainment as well as fines and penalties. The information of a person’s conviction is also kept in Motor Vehicle Commission files and sent to all United States courts. The information cannot be removed by a lawyer unless it is proven that the driver is innocent and the charges are dropped. The information is kept on file and updated every time the driver does another DWI violation.
If you or a loved one has been charged with a DWI in New Jersey, it is important to seek the legal advice of an experienced DWI lawyer right away. A skilled lawyer may be able to help you protect your rights and fight for your freedom.
At The Kugel Law Firm, experienced DWI attorney Rachel Kugel has helped many clients receive a more favorable outcome for their DWI Cases. Contact us today to schedule a consultation.
Factors That Can Elevate a DWI to Criminal Charges
In New Jersey, a basic DWI (driving while intoxicated) is typically classified as a traffic offense. However, certain factors can escalate it to a criminal charge, resulting in more serious legal consequences. These situations usually involve behavior that puts others at increased risk.
One of the most common factors is having a minor in the vehicle at the time of the offense. Driving under the influence with a child passenger may lead to a charge of endangering the welfare of a child, an indictable offense that goes beyond standard DWI penalties.
Another trigger for elevated charges is causing injury or death while driving intoxicated. If a crash results in bodily harm or fatality, the driver may be charged with assault by auto or vehicular homicide. These offenses carry potential prison time and a permanent criminal record.
Driving while intoxicated in a school zone is also treated more seriously. Even if school is not in session, this location-based factor can still raise the severity of the charge.
Other aggravating circumstances may include a high blood alcohol concentration (BAC), repeat offenses, or refusing to submit to chemical testing. Each of these may contribute to harsher penalties or an upgrade from a traffic offense to a criminal charge.
These factors are critical when assessing the potential legal outcomes of a DWI case. The presence of any aggravating condition can significantly impact how the court treats the offense and the penalties that may follow.
What is the Punishment for DUI in New Jersey?
In New Jersey, DUI cases do not go to a jury trial. Despite this, the state takes drunk driving offenses seriously and imposes severe penalties on those convicted of the crime. New Jersey is committed to keeping its roads safe, and the stringent penalties for DUI offenses serve as a warning to those who may consider driving under the influence.
First-Time Offenders:
First-time DUI offenders with a BAC between 0.08% and less than 0.10% face fines between $250 and $400, a license suspension for three months, and up to thirty days in jail. They may also be required to attend the Intoxicated Driver Resource Center for a minimum of 12 hours and a maximum of 48 hours.
For those with a BAC of 0.10% or higher, the consequences are more severe, including fines ranging from $300 to $500, a license suspension of seven months to one year, and up to thirty days in jail. The court may also mandate attendance at the Intoxicated Driver Resource Center.
Second-Time Offenders:
In New Jersey, individuals who have committed a second DUI offense can expect to face stricter penalties. This may include a two-year license suspension and fines ranging from $500 to $1000. The court may also demand 30 days of community service and jail time of 90 days. The offender must attend the Intoxicated Driver Resource Center and have an ignition interlock device installed on their vehicle for a period of one to three years.
Third-Time Offenders:
If an individual is charged with a third DUI offense, they can expect harsher penalties. They may have their license suspended for up to 10 years and be fined $1000. In addition, the court may impose a 90-day jail sentence that must be served in an approved in-patient facility by the Intoxicated Driver Resource Center. Furthermore, they may be required to have an ignition interlock device installed in their vehicle for a duration ranging from one to three years.
| DUI Offense | BAC Range | Fines | License Suspension | Jail Time | Other Penalties |
|---|---|---|---|---|---|
| First-Time | 0.08% – < 0.10% | $250 – $400 | 3 months | Up to 30 days | Attend Intoxicated Driver Resource Center (12-48 hours) |
| First-Time | 0.10% or higher | $300 – $500 | 7 months – 1 year | Up to 30 days | Attend Intoxicated Driver Resource Center |
| Second-Time | Any BAC | $500 – $1000 | 2 years | 90 days | Attend Intoxicated Driver Resource Center, Install Ignition Interlock Device (1-3 years), 30 days of Community Service |
| Third-Time | Any BAC | $1000 | Up to 10 years | 90 days | Attend Intoxicated Driver Resource Center, Install Ignition Interlock Device (1-3 years), Serve Jail Sentence in approved in-patient facility |
How Long Does a DUI Stay on Your Record in New Jersey?
A DUI stays on your driving record in New Jersey permanently. However, for sentencing purposes, a prior DUI affects penalties only if it occurred within the past 10 years. Unlike criminal records, DUI offenses in New Jersey are considered traffic violations and cannot be expunged.
The good part about a DUI being a traffic offense is that you don’t have to face having a misdemeanor or felony on your criminal record. The bad part is that your DUI will stay on your New Jersey driving record indefinitely, and that can have serious consequences on your life.
In New Jersey, if you get a second or third DUI, you’ll end up facing more severe penalties and fines with each additional charge. However, the state does have a 10-year step-down rule. If you go 10 years without getting another DUI, a future DUI charge will be “stepped down.” This is true unless you have four or more offenses, at which point the step-down rule no longer applies.
Because a DUI is so permanent in New Jersey, it’s important to face DUI charges with a strong defense before the conviction ends up on your record forever. Despite what the police or the prosecution may say, the evidence against you may not actually be that convincing. Parts of your case could have been mishandled. The officer may not have carried out your sobriety test properly. Depending on the facts, your defense could be enough to get your case dismissed.
Can You Expunge a DWI in NJ?
You cannot expunge a DWI conviction in New Jersey. Under state law, DWI is classified as a traffic offense, not a criminal offense, and traffic offenses are not eligible for expungement. This means a DWI remains on your record permanently and cannot be erased or sealed.
However, there is an alternative process that individuals might consider, known as Post-Conviction Relief (PCR). This process involves attempting to reopen the DWI conviction case. The goal of PCR is to challenge the validity of the original conviction with the hope of having it overturned. However, success in this process is not guaranteed and is typically complex, often requiring the assistance of a skilled DWI defense attorney.
Individuals facing DWI charges in New Jersey should seek legal counsel to understand their options and the intricacies of the process. Consulting with an experienced New Jersey DWI lawyer can provide clarity on the steps involved and the potential for addressing a past DWI conviction in a meaningful way. Contact The Kugel Law Firm today to schedule a consultation.
Can a DUI Be Dismissed in New Jersey?
Yes. Depending on the facts of your case, a good lawyer can help you get your DUI dismissed by pointing out weaknesses in the prosecution’s case against you. Even if your case cannot be dismissed, you may be able to plead down to a lesser traffic charge.
If you want to have any chance of dismissing your DUI, you must talk to an attorney as soon as possible. Once the conviction goes on your NJ driving record, you can no longer dismiss it or get it expunged. You must fight the charges before your case results in a conviction.
Common DUI defense strategies include:
- Objecting to test results because they were handled improperly
- Providing witness testimony that goes against the arresting officer’s report
- Arguing for dismissal because of legal missteps in carrying out your rights
- Proving that there was never any probable cause for your traffic stop
At The Kugel Law Firm, our passionate team of lawyers will look into every detail of your case and use every defense strategy at our disposal to protect your record and your future. Contact us to book your no-cost strategy session with our experienced New Jersey DUI attorneys now.
Does DUI Show Up on Background Checks
A DUI (Driving Under the Influence) charge in New Jersey is not considered a criminal offense but rather a traffic offense. Therefore, it does not show up on criminal background checks. Instead, the DUI charge appears on a person’s driving record, known as the NJ Driver History Abstract, and remains there indefinitely. Having a DUI on your driving record can have significant consequences, such as license suspension or revocation. It’s important to note that New Jersey does not offer an expungement process for DUI convictions, as they are not considered crimes under state law.
Although a DUI does not appear on criminal background checks, it may still have implications for certain professions that have conduct standards set by licensing boards, such as doctors, nurses, teachers, pilots, and lawyers. Depending on the rules of conduct, individuals may be required to report DUI convictions to their professional boards, which could result in license suspension or other career-related consequences. Additionally, some job applications may ask about convictions for serious traffic offenses, in which case a DUI conviction in New Jersey would need to be disclosed.
When facing a DUI charge, it is crucial to seek the assistance of a skilled New Jersey DUI lawyer. They can provide a strong defense to potentially have the charge dismissed or reduced to a lesser traffic offense. Common defense strategies may include challenging test results, presenting contradictory witness testimony, arguing for dismissal based on legal missteps, or demonstrating a lack of probable cause for the traffic stop.
Can a DUI Affect Your Career or Employment in NJ?
Many professions such as doctors, nurses, teachers, pilots, and lawyers have standards of conduct set by licensing boards. In these cases, you may be required to report certain convictions to the board. Depending on the rules of conduct, you may face suspension or even lose your license. This can have serious effects on your career.
If your licensing board requires you to report any criminal convictions, this does not include New Jersey DUIs because they are not crimes. But some licensing boards have reporting requirements specifically for alcohol-related offenses. In these cases, even though a DUI is not a crime in New Jersey, you may still have to report it to your professional board.
Depending on your job, you may have to answer the question, “Have you ever been convicted of a serious traffic offense?” A New Jersey DUI would qualify as a yes.
Pretrial Intervention Program or PTI
Pretrial Intervention Programs provide first-time offenders (generally a non-violent offense or misdemeanor) with the chance of rehabilitation rather than being punished for New Jersey’s drug offenses. PTI’s rehabilitative model recognizes that there can be a connection between the offense charged and the needs of an offender for rehabilitation.
Rehabilitative services that are provided early on can be reasonably expected to prevent future criminal behavior. The rehabilitative services provided by a PTI emphasize that criminal behavior can often be influenced by sociocultural, economic, and other factors.
PTI’s requirements and guidelines for admission are laid out by Rule 3:28 in the state’s Rule of Courts. PTI seeks to address personal problems that are likely to lead to criminal activity and deter any future crimes or disorderly conduct by defendants.
Does PTI Show Up on a Background Check?
To examine whether the Pretrial Intervention (PTI) status appears on a background check in New Jersey, it’s crucial to grasp both the nature of the PTI program and the types of charges it covers. PTI serves as a diversionary program aimed at rehabilitating first-time offenders charged with indictable offenses by addressing underlying issues such as addiction or mental health. Completing the program successfully can result in the charges being dismissed, which is a significant benefit for participants.
It’s important to note, however, that PTI is not available for all types of charges. Specifically, offenses such as disorderly persons offenses or traffic violations, including DUI or DWI, are not eligible for PTI. If a DUI escalates to a more severe charge, such as driving with a suspended license that resulted from a DUI, then PTI may become an option.
When it comes to background checks, many wonder if their PTI participation or status will be visible. In reality, the PTI involvement itself does not appear on public records, but the initial arrest might still affect you temporarily. If you are accepted into the PTI program, your arrest will be noted as “arrest/charges pending” in police records and can appear on background checks. This status remains until you complete the program and seek expungement, a process that can only begin six months after successful completion of PTI.
For individuals concerned about how their arrest or PTI participation might affect future employment or other background checks, engaging a knowledgeable DWI attorney can provide guidance and assist in making informed decisions. Contact The Kugel Law Firm today to speak with an experienced New Jersey DWI lawyer.
Speak to an Experienced New Jersey DWI Lawyer at The Kugel Law Firm
A DWI conviction will remain on a person’s record for a long time. Employers, loan officers, and others who need to conduct a background check on the convicted person will be able to see this record.
If you are facing charges of driving while impaired or other drunk driving offenses in New Jersey, it is crucial that you retain an experienced New Jersey DWI lawyer. At The Kugel Law Firm, attorney Rachel Kugel has the courtroom experience and legal knowledge to defend you against DWI charges. Our team can also work hard for the best possible results in your case. For a free consultation, contact us today at (973) 854-0098.
from Kugel Law Firm – DWI/DUI Defense in New York & New Jersey https://thekugellawfirm.com/is-dwi-a-criminal-offense-in-new-jersey/
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