DUI Offense Levels and Aggravating Factors in New Jersey
How Our Law Firm Can Help You Fight Your DUI Charges
The severity of the penalties depends on the level of the offense and the presence of any aggravating factors. In this webpage, we will explain the different DUI offense levels and aggravating factors in New Jersey and how our law firm can help you defend your rights and minimize the consequences of your DUI arrest.
DUI Offense Levels in New Jersey
New Jersey does not have a separate charge for driving while intoxicated (DWI) and driving under the influence (DUI). Both terms are used interchangeably to refer to the same offense of operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher or under the influence of any intoxicating substance. However, New Jersey does have different levels of DUI offenses based on the BAC level and the number of prior convictions. The higher the BAC level and the number of prior offenses, the more severe the penalties.
- First offense DUI with BAC of 0.08% to 0.10%: This is the lowest level of DUI offense in New Jersey and carries a fine of $250 to $400, a license suspension of three months, an ignition interlock device for six to 12 months after license restoration, up to 30 days of jail time, and 12 to 48 hours of participation in an Intoxicated Driver Resource Center (IDRC) program.
- First offense DUI with BAC of 0.10% or higher: This level of DUI offense carries a fine of $300 to $500, a license suspension of seven months to one year, an ignition interlock device for six to 12 months after license restoration, up to 30 days of jail time, and 12 to 48 hours of participation in an IDRC program.
- First offense DUI with BAC of 0.15% or higher: This level of DUI offense carries a fine of $300 to $500, a license suspension of seven months to one year, an ignition interlock device for the duration of the license suspension and for nine to 15 months after license restoration, up to 30 days of jail time, and 12 to 48 hours of participation in an IDRC program.
- Second offense DUI within 10 years of the first offense: This level of DUI offense carries a fine of $500 to $1,000, a license suspension of two years, an ignition interlock device for the duration of the license suspension and for two to four years after license restoration, 48 hours to 90 days of jail time, 30 days of community service, and 12 to 48 hours of participation in an IDRC program.
- Third or subsequent offense DUI within 10 years of the second offense: This is the highest level of DUI offense in New Jersey and carries a fine of $1,000, a license suspension of 10 years, an ignition interlock device for the duration of the license suspension and for two to four years after license restoration, 180 days of jail time, and 12 to 48 hours of participation in an IDRC program.
DUI Aggravating Factors in New Jersey
In addition to the BAC level and the number of prior offenses, there are other factors that can increase the severity of the DUI penalties in New Jersey. These are called aggravating factors and they include:
- Driving with a minor (under 18 years old) in the vehicle: This can result in a charge of endangering the welfare of a child, which is a separate offense that carries a fine of up to $15,000, a license suspension of six months, and up to five years of imprisonment.
- Driving in a school zone or crossing: This can result in a doubling of the fines and license suspension periods for the DUI offense level.
- Causing an accident that results in injury or death: This can result in a charge of assault by auto or vehicular homicide, which are separate offenses that carry fines of up to $150,000, license suspension of up to 10 years, and imprisonment of up to 10 years.
- Refusing to submit to a breath test: This can result in a separate charge of refusal, which carries a fine of $300 to $500 for the first offense, $500 to $1,000 for the second offense, and $1,000 for the third or subsequent offense, as well as a license suspension of seven months to one year for the first offense, two years for the second offense, and up to 10 years for the third or subsequent offense.
How Our Law Firm Can Help You Fight Your DUI Charges
If you have been arrested for DUI in New Jersey, you need an experienced and aggressive DUI defense attorney to protect your rights and fight for the best possible outcome. At our law firm, we have the knowledge, skills, and resources to challenge the evidence against you, negotiate with the prosecutors, and represent you in court. We will review your case thoroughly and explore all possible defenses, such as:
- Challenging the legality of the traffic stop, the arrest, or the search of your vehicle
- Challenging the accuracy, reliability, or validity of the breath test, blood test, or field sobriety tests
- Challenging the credibility or qualifications of the arresting officer, the breath test operator, or the lab technician
- Seeking a plea bargain for a reduced charge or sentence
- Seeking a diversion program, such as conditional discharge or conditional dismissal, for eligible first-time offenders
- Seeking a hardship license or a restricted license for work or school purposes
We understand that a DUI conviction can have serious and lasting consequences on your personal and professional life. That is why we will work tirelessly to defend your rights and interests and help you avoid or minimize the penalties. Contact us today for a free consultation and let us help you fight your DUI charges.
The Face of Justice
Daniel S. Kratka
Founder
Daniel S. Kratka
Founder
Daniel S. Kratka began his legal career as a criminal prosecutor, honing his skills as a formidable trial attorney. He handled hundreds of DUI cases. He used the skills he developed from trying dui cases as a prosecutor to defend clients in DUI cases throughout the State of New Jersey.
As his google reviews attest, he is a master criminal defense attorney, who assesses each case and client goals to formulate the best legal defense. He has established an impressive winning track rack record. Mr. Kratka is a member of the National Association of Criminal Defense Lawyers and has been the attorney of record in many published legal decisions over the years. Mr. Kratka ‘s excellence was recently recognized when he was selected as a 2023 recipient of the Lawyers of Distinction Award.
Mr. Kratka practices throughout the state courts of New York and New Jersey and represents clients in federal courts throughout the country. He lectures on a variety of legal topics, is the president of his synagogue and is involved in many charitable organizations.
Mr. Kratka is a former All-City Basketball player, who still loves to play and coach.