In the State of New Jersey, drinking and driving is not considered a misdemeanor, a felony, or a felony. Unlike many other states, including New York, a DUI in New Jersey is a traffic violation, but a serious one. This Is Why DUI Defendants Don't Have the Right to a Jury Trial in New Jersey. Unlike many other states, New Jersey has not criminalized in-state driving.
For this reason, a DUI is a traffic offense, not a prosecutable offense (felony) or a public disorder offense (misdemeanor). Nor does it create any type of criminal record, since the conviction is reported in your driver's record (summary). For this reason, there are also no DUI jury trials; a judge determines your fate. DWI is a traffic violation, not a criminal charge, in New Jersey.
New Jersey Drivers Take a Chance When Driving Under the Influence of Alcohol. The chances of causing an accident increase when a person is driving while intoxicated, and there are legal ramifications associated with driving under the influence of alcohol in the Garden State. When stopped, someone may wonder if pending DUI charges reach felony levels. In New Jersey, a DUI is a traffic violation and not a criminal offense.
That said, someone could still face felony charges in New Jersey after causing an accident. No, DWI is a traffic violation. It is NOT a criminal offence. The arrest log will not appear in any criminal database.
If convicted, the conviction will only appear in the Motor Vehicle Commission records. New Jersey is also in the process of updating its DUI laws, which may see a transition from license suspension to ignition interlock devices (which the defendant has to pay). Depending on the situation, the court may impose a possible combination of minimum DUI sentences at its discretion. Understand your legal rights if you have been charged with DUI in New Jersey and how a criminal defense lawyer can help you.
If you or someone you love has been charged with DUI or another crime, talk to a knowledgeable and experienced attorney who has a passion for protecting the rights of their clients. A person may also be accused of driving under the influence of narcotics, hallucinogens, or another habit-generating drug, in addition to alcohol or instead of being caught driving under the influence of narcotics, hallucinogens, or another habit-producing drug. The reason is that New Jersey law does not classify DUI as a prosecutable offense (which would be equated with a felony in other states) or a public disorder offense (equated with a misdemeanor in other states) like other criminal offenses do. That's why it's particularly important to have an aggressive dui defense attorney on your side if you're accused of injuring or killing someone while drunk driving.
When asking the question “Is DUI a Felony in New Jersey?” , the answer is not as simple as you might think. It is important to understand that owners of motor vehicles or boats that allow an intoxicated person or a person who is under the influence of a controlled substance to operate their vehicles may also be subject to mandatory New Jersey DUI law penalties. If you, or a loved one, is accused of drunk driving, it's important to have a trained DUI defense attorney on your side, especially in cases of injuries or deaths due to driving problems. When DUI battery in a car causes serious injury, it's a third-degree felony, which can lead to an alleged drunk driving to jail for up to five years.
A DUI charge can escalate to a law enforcement offense or a prosecutable offense, depending on the circumstances of the situation. For example, having a previous DUI can present a serious problem if you are looking for a commercial driver's license. There are additional penalties for DUI convictions in New Jersey, including mandatory fines and classes with the County Intoxicated Driver Resource Center, and possible jail sentences that become mandatory with third or more offenses. For example, if you were driving with a child in the car and were also driving while intoxicated, you may be charged with endangering the welfare of a child by DUI.