Is a DWI a Felony in New Jersey?

Driving While Intoxicated (DWI) occurs when a person operates a motor vehicle after having consumed enough alcohol or drugs that they can no longer safely operate it. While New Jersey takes drunk driving charges seriously, the legislature has classified DWI as a traffic offense, as opposed to a disorderly persons offense (misdemeanor) an indictable offense (felony).

However, when DWI is associated with other criminal conduct, such as vehicular assault, endangering the welfare of a child, or driving when your driver’s license has been revoked because of a prior DWI charge, you could face severe criminal penalties.

New Jersey Classifies DWI as a Traffic Offense

New Jersey is one of the few states that does not categorize DWI as a criminal offense. It is neither a felony nor a misdemeanor. Instead, it is considered a traffic violation. Nonetheless, a DWI charge can be elevated to a misdemeanor or a felony based on the circumstances of the offense.

When Is DWI a Felony in New Jersey?

A New Jersey DWI charge can never be elevated to a criminal offense. However, felony disorderly persons offense (similar to a misdemeanor in other states) or an indictable offense (similar to a felony charge in other states). The most common ways for a DWI to be elevated to a disorderly persons offense or an indictable offense are:

• Driving with a DWI suspended license
• Having a minor in the car
• Causing an accident that resulted in injury or death

DWI with a Suspended License

In New Jersey, driving with a license that was revoked because of a DWI is a fourth degree crime. A conviction for DWI with a suspended license is punishable by a minimum of six months in jail without the possibility of parole.

DWI with a Minor in the Vehicle

DWI with a minor in the car is a disorderly persons offense, punishable by up to six months in jail and a fine of up to $1,000. You could also be charged with child endangerment, a second-degree crime punishable by five to ten years in State Prison.

DWI That Causes Serious Injury or Death

A person who causes a car accident that injures someone can be charged with Assault by Auto.

• Assault by Auto that results in injury to another person is a fourth degree crime, punishable by up to 18 months in jail and a $10,000 fine.
• Assault by Auto that causes serious injury is a third degree crime punishable by three to five years in jail and a fine of up to $15,000.

Someone who causes an accident that kills another person can be charged with Death by Auto, a second degree crime punishable by five to ten years in State Prison and a fine of up to $150,000. The offense is elevated to a first-degree crime if the accident occurred on school property, within 1,000 feet of a school, or while driving through a school crossing. A conviction carries a sentence of 10 to 20 years in prison and a $200,000 fine.

Do You Need an Attorney for a DWI Charge?

The consequences of a DWI conviction can be severe, and you should take the charges seriously. An experienced DWI defense attorney can explain your options, protect your rights, and fight for the best outcome in your case.

How Iannelli Law Can Help

New Jersey DWI defense attorney John C. Iannelli has been practicing law since 1992 and has dedicated his career to defending people accused of DWI and crimes in South Jersey. He takes an aggressive approach to every case he takes on and will carefully investigate the circumstances of your arrest, challenge the state’s evidence, and work to obtain the best result he can in your case. Contact our law office today to schedule an appointment to discuss your situation and how we can help.