If you receive a DUI in New Jersey, you could be facing jail time.

How much jail time exactly? It depends on the specific circumstances of your case.

Here, our New Jersey DUI defense lawyer gives an overview of the drunk driving penalties in our state. We address the three key factors that will determine how much jail time you will be facing if you are convicted of intoxicated driving.

Jail Time for DUI in New Jersey: What You Need to Know

Do You Have a History of Intoxicated Driving Offenses?

Under New Jersey state law (N.J.S.A. 39:4-50), drivers are charged with a DUI if their blood alcohol concentration is 0.08% or more, or if a substance is impairing them. A key factor that determines jail time for a DUI arrest is their driving history. New Jersey usually punishes each drunk driving offense more than the previous one. The range of potential jail time for a DUI in New Jersey is:

  • First time DUI offense: A defendant may face up to 30 days in jail.
  • Second time DUI offense: A defendant may face between 48 hours and  90 days in jail.
  • Third time DUI offense: A defendant will face a minimum of 180 days in jail.

Are There Any Aggravating Factors?

DUI conviction history is not the only thing that the state of New Jersey considers when penalizing intoxicated drivers. There are circumstances where a defendant could face more jail time. These are often referred to as ‘aggravating factors’. If an aggravating factor is present, you are likely to face more severe penalties. The most common aggravating factors in New Jersey are:

  • Having a BAC level at or above 0.15 percent;
  • Engaging in reckless driving while impaired;
  • Getting a DUI while in a school zone;
  • Getting a DUI with a child in the car; or
  • Involvement in an accident while under the influence.

The most serious form of DUI is vehicular homicide. If a drunk driver causes an accident that results in death, they may face felony charges and a long prison sentence.

If you or your loved one was arrested for a DUI with aggravated factors, call a criminal defense lawyer right away. You must take immediate action in these cases.

How Will You Defend Your Case?

You will not face any jail time until you plead guilty or the prosecution proves the DUI charge and gets a conviction. How much jail time you will face in a DUI case depends, in large part, on the strength of your legal defense. Consult with a top-rated New Jersey drunk driving defense lawyer after being arrested and charged with a crime.

Your DUI lawyer will review your case and determine how to protect your rights. One of the primary goals of New Jersey DUI defense lawyer Anthony J. Vecchio is keeping clients out of jail. When there are options to avoid any jail time — as is often the case with first time DUIs — Mr. Vecchio helps his clients get access to those options.

Your rights and freedom must be protected during this process. Do not go up against prosecutors alone.

Get Help From Our New Jersey DUI Defense Lawyer Right Away

At the Law Offices of Anthony J. Vecchio, LLC, our top-rated New Jersey drunk driving defense attorney is a strong advocate for clients.

If you or your loved one is facing potential jail time for an intoxicated driving offense, we are here to help.

To set up an initial consultation, please contact us today.

Author Photo

Anthony J. Vecchio

Anthony’s entire career has been dedicated to defending those accused of crimes, DWI, serious motor vehicle violations, and the rights of victims of crimes and accidents. He has prosecuted, defended, or appealed cases ranging from municipal court matters to more serious crimes including drug offenses and murder. Anthony is passionate about providing personalized, thorough, and effective representation to individuals in crisis.

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