Drunk driving can have serious consequences. If you get arrested, you can potentially face multiple charges, and these charges carry penalties ranging from fines to jail or prison time. You can lose your driver’s license after a drunk driving arrest as well, and if you get convicted, you could end up with a stain on your record for the rest of your life.
All of this means that you need an experienced New Jersey DWI lawyer on your side. When you hire a lawyer to represent you, your lawyer will make sure you know all of the charges you are facing, and your lawyer will build a defense strategy focused on the specific facts and charges at hand. While there are several ways to fight drunk driving charges in New Jersey, knowing what defenses you can assert—and asserting them effectively—requires a clear and comprehensive standing of all of the laws that apply.
Common Charges in New Jersey Drunk Driving Cases
What are the charges you can face after a drunk driving arrest in New Jersey? Here are five common charges in New Jersey drunk driving cases:
1. Driving Under the Influence (DUI) or Driving While Intoxicated (DWI)
The most common drunk driving charge in New Jersey is driving under the influence (DUI). DUI charges can take several different forms, and DUI charges can have different consequences in different circumstances. Depending on the circumstances of your case, you could be facing prosecution for:
- DUI (Driving Under the Influence) – New Jersey’s DUI statute makes it illegal to “operate[] a motor vehicle while under the influence of intoxicating liquor.” This includes operating a motor vehicle under the influence of all types of alcoholic beverages. If you are under the influence, you can be charged with DUI regardless of your blood alcohol concentration (BAC).
- DWI (Driving While Intoxicated) – Conversely, you can face a DUI charge in New Jersey if you are over the legal limit regardless of whether your driving abilities are impaired. For non-commercial drivers over age 21, the legal limit is 0.08 percent BAC.
- Underage DWI (Zero Tolerance) – Drivers who are under age 21 are subject to New Jersey’s “zero tolerance” law. If you aren’t yet of drinking age, you can be charged with DWI if you have any detectable amount of alcohol in your system.
- Commercial DWI – For drivers who hold a commercial driver’s license (CDL), the BAC limit is 0.04 percent when they are operating commercial vehicles.
- Repeat Offender DUI or DWI – If you have a prior DUI or DWI conviction within the past 10 years, you can face enhanced penalties for a second or subsequent drunk driving conviction.
2. Assault By Auto
If you cause an accident while driving drunk, you can be charged with assault by auto. While DUI is classified as a traffic offense in New Jersey, assault by auto is an indictable crime. The level of charge and the penalties you are facing depend on the consequences of the accident:
- Accidents Involving Bodily Injury – Causing an accident that results in bodily injury while driving under the influence is a fourth-degree indictable crime in most cases. These crimes carry up to 18 months in prison and a $10,000 fine.
- Accidents Involving Serious Bodily Injury – Causing an accident that results in serious bodily injury while driving under the influence is a third-degree indictable crime. These crimes carry three to five years in prison and up to a $15,000 fine.
- Accidents Involving Bodily Injury in School Zones and School Crossings – Causing an accident that results in bodily injury in a school zone or school crossing is also a third-degree indictable crime.
- Accidents Involving Serious Bodily Injury in School Zones and School Crossings – Causing an accident that results in serious bodily injury in a school zone or school crossing is a second-degree indictable crime. These crimes carry five to 10 years in prison and up to a $150,000 fine.
3. Vehicular Homicide
If you cause a fatal accident while driving drunk in New Jersey, you are minimally at risk of facing a second-degree charge for vehicular homicide. However, if the accident occurred in a school zone or school crossing, you can be charged with a first-degree fine carrying 10 to 20 years in prison and up to a $200,000 fine.
4. Open Container Violation
It is illegal to have an open container in your vehicle in New Jersey. If the police find an open container in your vehicle, they can charge you with an open container violation in addition to charging you with DUI or another drunk driving offense. Open container violations carry a $200 fine for a first offense. If you have a prior open container violation on your record, the fine increases to $250 and the judge can sentence you to 10 days of community service.
5. Implied Consent Violation (DUI Refusal)
When the police pull you over on suspicion of drunk driving, you are required to submit to a breath test under New Jersey’s “implied consent” law. If you refuse, you can be charged with an implied consent violation, also known as a DUI refusal.
For a first offense, a DUI refusal can lead to fines, fees, surcharges and a driver’s license suspension of seven to 12 months. The fines increase for second and subsequent offenses, and while a second offense carries a 24-month driver’s license suspension, a third or subsequent offense can result in a suspension of 10 to 20 years. Since you must comply with New Jersey’s implied consent law regardless of whether you are driving drunk, you can be penalized for a DUI refusal even if you aren’t guilty of drunk driving.
Speak with a New Jersey DWI Lawyer About Your Drunk Driving Case
If you were arrested for drunk driving in New Jersey, it is extremely important that you speak with a lawyer about your case as soon as possible. To arrange a confidential initial consultation with a New Jersey DWI lawyer at Helmer, Conley & Kasselman, P.A., call 877-435-6371 or tell us how we can reach you online now.
