Driving while intoxicated (DUI) is a serious offense in New Jersey, but it is not categorized as a felony. In New Jersey, DUI offenses are considered traffic violations rather than felonies. However, this does not diminish the seriousness of the charges or the potential other consequences that individuals may face, including charges of assault by auto and death by auto. NJ DUI lawyers at the Law Offices of Jonathan F. Marshall explain what you need to know.
Understanding New Jersey’s DUI Laws:
To have a better understanding of DUI offenses in New Jersey, it is important to refer to the relevant statutes. The laws related to DUI in New Jersey are outlined in NJ Rev Stat § 39:4-50 (2022). This statute defines the offense, sets the legal limits for BAC, and establishes the penalties for different levels of impairment.
According to N.J.S.A. 39:4-50, a person can be charged with DUI if they operate a motor vehicle while under the influence of alcohol, drugs, or a combination of both. It is worth noting that New Jersey has a zero-tolerance policy for individuals under the legal drinking age of 21. For drivers under 21, any detectable amount of alcohol in their system can result in a DUI charge.
Penalties For DUI
First Offense
- Blood alcohol concentration (BAC) of 0.08% or higher but less than 0.10%, or operating a vehicle under the influence of intoxicating substances:
- Fine: Not less than $250 nor more than $400
- Detainment: Not less than 12 hours nor more than 48 hours, served during two consecutive days of not less than six hours each day
- Imprisonment: Up to 30 days (at the court’s discretion)
- License Suspension: Forfeit the right to operate a motor vehicle over the highways of the state until an ignition interlock device is installed in a vehicle owned, leased, or principally operated by the person
- BAC of 0.10% or higher, or operating a vehicle under the influence of a narcotic, hallucinogenic, or habit-producing drug:
- Fine: Not less than $300 nor more than $500
- Detainment: Not less than 12 hours nor more than 48 hours, served during two consecutive days of not less than six hours each day
- Imprisonment: Up to 30 days (at the court’s discretion)
- License Suspension: Forfeit the right to operate a motor vehicle over the highways of the state for a period of not less than seven months nor more than one year
- BAC of 0.10% or higher but less than 0.15%:
- License Suspension: Forfeit the right to operate a motor vehicle over the highways of the state until an ignition interlock device is installed in a vehicle owned, leased, or principally operated by the person
- BAC of 0.15% or higher:
- License Suspension: Forfeit the right to operate a motor vehicle over the highways of the state for a period of not less than four months nor more than six months following the installation of an ignition interlock device in a vehicle owned, leased, or principally operated by the person
Second Offense
- Fine: Not less than $500 nor more than $1,000
- Community Service: 30 days
- Imprisonment: Not less than 48 consecutive hours nor more than 90 days
- License Suspension: Forfeit the right to operate a motor vehicle over the highways of the state for a period of not less than one year nor more than two years
Third or Subsequent Offense
- Fine: $1,000
- Imprisonment: Not less than 180 days in a county jail or workhouse (may be reduced for participation in a drug or alcohol inpatient rehabilitation program)
- License Suspension: Forfeit the right to operate a motor vehicle over the highways of the state for eight years
- Ignition Interlock Device: Required installation for third or subsequent offense
Assault By Auto
In addition to DUI offenses, New Jersey law also addresses the offense of assault by auto. This charge applies when a person causes bodily injury to another individual while operating a vehicle under the influence of drugs or alcohol. The specific law governing assault by auto can be found in NJ Rev Stat Section 2C:12-1(c).
The New Jersey Assault By Auto statute defines the offense as the act of driving a vehicle or vessel recklessly and causing either serious bodily injury or bodily injury to another person. The severity of the offense is determined by the level of injury and the violation of specific laws.
Reckless Driving Causing Bodily Injury
When a person drives a vehicle or vessel recklessly and causes serious bodily injury, it is classified as a crime of the fourth degree. If bodily injury results, it is considered a disorderly persons offense.
Violation of Alcohol or Drug Laws and Resulting Injuries
Assault by auto or vessel is a third-degree crime if the person drives the vehicle while under the influence of alcohol or drugs, violating R.S.39:4-50 or section 2 of P.L.1981, c.512. This classification applies when serious bodily injury occurs. If bodily injury results under the same circumstances, it is classified as a crime of the fourth degree.
Enhanced Offenses
Certain circumstances can enhance the severity of the offense.
Violation of Alcohol or Drug Laws Near School Property or Crossing
Assault by auto or vessel is a second-degree crime if serious bodily injury results from the defendant operating the vehicle or vessel while in violation of alcohol or drug laws in specific locations. These locations include any school property used for school purposes owned or leased by an elementary or secondary school or school board, or within 1,000 feet of such property. It also applies when driving through a school crossing designated by municipality ordinance or resolution. If bodily injury results in these circumstances, it is classified as a third-degree crime.
Non-Defenses Related to School Property or Crossing Violations
The statute explicitly states that it is not a defense to claim ignorance of being within 1,000 feet of a school property or crossing zone or the absence of juveniles or school sessions at the time of the offense when facing charges under the aforementioned enhanced offenses.
Aggressive Driving
The statute addresses cases where a person purposely drives a vehicle in an aggressive manner directed at another vehicle, resulting in bodily injury.
Purposeful Aggressive Driving Resulting in Bodily Injury
If serious bodily injury occurs as a result of purposeful aggressive driving, it is classified as a third-degree crime. If bodily injury results, it is considered a fourth-degree crime. The statute provides examples of aggressive driving behaviors, such as unexpectedly altering the speed of the vehicle, making improper or erratic traffic lane changes, disregarding traffic control devices, failing to yield the right of way, or following another vehicle too closely.
Death By Auto
In the most tragic cases, DUI offenses can result in fatalities. New Jersey law addresses such incidents under the charge of death by auto, defined in NJ Rev Stat 2C:11-5 (2022).
Death by auto or vessel, as defined by Section 2C:11-5 of the 2022 New Jersey Revised Statutes, involves causing criminal homicide through reckless driving. It applies to individuals who operate a vehicle or vessel in a manner that endangers others’ lives.
Factors Establishing Reckless Driving
The statute provides several factors that can give rise to an inference of reckless driving. These factors include:
Falling Asleep or Driving Without Sleep
Proof that the defendant fell asleep while driving or was driving after being without sleep for a period exceeding 24 consecutive hours may infer reckless driving.
Driving While Intoxicated
Proof that the defendant was driving while intoxicated in violation of R.S.39:4-50 (New Jersey’s driving under the influence statute) or operating a vessel under the influence of alcohol or drugs may infer reckless driving.
Hand-Held Wireless Telephone Use
Proof that the defendant was operating a hand-held wireless telephone while driving a motor vehicle in violation of section 1 of P.L.2003, c.310 (NJ Rev Stat 39:4-97.3) may infer reckless driving.
Failure to Maintain Lane
Proof that the defendant failed to maintain a lane in violation of NJ Rev Stat 39:4-88 may infer reckless driving.
Penalties for Reckless Vehicular Homicide
Reckless vehicular homicide is generally considered a crime of the second degree, but the severity of the offense and corresponding penalties depend on certain circumstances.
Mandatory Sentencing
If the person caused a death while driving under the influence or with a suspended license, they will be sentenced to prison. The minimum prison term will be one-third to one-half of the total sentence or three years, whichever is greater. During this minimum term, they won’t be eligible for parole.
The minimum term of imprisonment is fixed at, or between, one-third and one-half of the sentence imposed by the court or three years, whichever is greater. During the minimum term, the defendant is ineligible for parole.
First-Degree Offense
If the person caused a death while driving under the influence near a school, in a designated school crossing, or in a school crossing with children present, it becomes a more serious offense.
Driver’s License Suspension
If the person caused a death while driving under the influence, their driver’s license will be suspended for a minimum of five years, up to a lifetime.
Third-Degree Offense
Reckless vehicular homicide is a crime of the third degree if the defendant can prove by a preponderance of the evidence that their conduct did not constitute driving a vehicle or vessel recklessly, other than failing to maintain a lane in violation of NJ Rev Stat 39:4-88.
Auto or Vessel Forfeiture
If a person commits the more serious offense near a school or in a designated school crossing, they may have to give up the car or boat they used, unless they can prove that forfeiting it would cause undue hardship to their family.
New Jersey DWI Lawyers
If you are facing DUI charges, it is crucial to seek legal representation from an experienced DUI defense attorney. The attorneys at the Law Offices of Jonathan F. Marshall have extensive knowledge and experience in defending clients facing DUI and DWI charges and assault/death by auto charges. They can provide guidance, build a strong defense strategy, and work toward minimizing the potential consequences of a DUI offense or drunk driving charge.
Remember, being proactive and seeking legal advice early on is important to protect your rights and make informed decisions throughout the legal process. Consult with a dedicated New Jersey DUI lawyer to significantly minimize the potential consequences associated with DWI and DUI charges.
