We do things a little bit differently here in New Jersey. New Jersey stands out not just for its underrated beauty; you can go camping in the forest or eat funnel cakes on the boardwalk in other states, but it is not the same. If you have moved to New Jersey from another state, you may have noticed that our state laws differ from the laws of other states. For example, New Jersey has some of the most effective gun safety laws; consequently, its gun-related crime rate is much lower than the national average.
Likewise, New Jersey criminal law does not use the terms “misdemeanor” and “felony.” Instead, it classifies crimes either as disorderly persons offenses or indictable offenses. Unlike most other states, drunk driving is not always a crime in New Jersey. Instead, it legally counts as a traffic offense but can still have serious consequences, including jail time. Therefore, you should contact a New Jersey DWI lawyer if you are accused of DWI and DUI, as you have the right to hire one.
A DUI conviction in New Jersey stays on your driving record permanently. This is because DUIs are considered traffic offenses, not crimes. As such, they are not eligible for expungement, which removes a criminal conviction from your record.
One exception to this rule: If you are convicted of a first-time DUI and complete the Intoxicated Driver Resource Center (IDRC) program, you may be eligible to have your conviction converted to a “revoked non-driving privilege.” This means that the DUI will still be on your record but will not be counted as a criminal conviction.
However, even if you can have your DUI conviction converted to a revoked non-driving privilege, it will still appear on your driving record. It may have negative consequences, such as higher car insurance rates or difficulty finding employment.
4 Quick Facts About DUI
- In New Jersey, DUI is defined as driving under the influence of alcohol or drugs.
- The legal blood alcohol concentration (BAC) limit in New Jersey is 0.08%.
- If you are convicted of a DUI in New Jersey, you may face a variety of penalties, including fines, jail time, driver’s license suspension, and installation of an ignition interlock device.
- The penalties will become more severe if you are convicted of multiple DUIs in New Jersey.
If you have been charged with a DUI and DWI in New Jersey, consulting with an experienced criminal defense attorney is vital to discuss your case and options.
How are DWI Cases in New Jersey Different From Criminal Cases?
Under the United States Constitution and its amendments, federal law gives all defendants in criminal cases the right to representation by a lawyer and the right to a jury trial. Traffic offenses do not count as crimes, so the standards for due process are lower. For example, you do not get a jury trial in traffic court, but you have the right to plead not guilty and to present evidence of your innocence to the judge. You also have the right to hire a defense lawyer, although, unlike in criminal court, the court will not appoint a lawyer from the Public Defender’s Office to your case if you cannot afford to hire your own lawyer.
Another critical difference is that getting a DWI conviction, or a conviction for any other traffic offense, does not give you a criminal record. It only goes on your driving record, just like speeding tickets and citations for illegal turns do. A DWI stays on your driving record for 10 years, provided that you do not get any additional DWIs during those 10 years.
Consequences of a DWI Conviction
Getting a DWI on your driving record and keeping it there for 10 years means you will pay higher car insurance premiums for the next decade. You will also owe several fees, surcharges, and mandatory donations to the State of New Jersey, some of them one-time payments and others recurring annually for several years. This is in addition to the traffic court fines, driver’s license suspension, probation, or jail time that the court might order. Therefore, it makes sense to hire a criminal defense lawyer for a DWI case, even though DWI technically is not a crime.
A Specialized DWI Lawyer Can Help You Fight Drunk Driving Charges
A DWI defense lawyer can help you if you are being accused of DWI, even though your case will go through traffic court instead of criminal court. Contact the Law Offices of Jonathan F. Marshall to discuss your case.
