Drunk Driving Lawyer New Jersey — What Are Your Defense Options?
A DUI charge in New Jersey is a serious traffic offense under N.J.S.A. 39:4-50 with severe penalties, including license suspension, fines, and potential jail time. Law Offices Of SRIS, P.C. provides experienced drunk driving defense across all 21 counties. Our team understands the specific procedures of New Jersey Superior Court and Municipal Courts. Contact us at 856-291-6150 for a 24/7 consultation.
New Jersey Drunk Driving Law
In New Jersey, driving under the influence (DUI) is formally prohibited by N.J.S.A. 39:4-50. The law defines impairment as operating a vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drugs. Unlike many states, New Jersey classifies DUI as a traffic offense, not a criminal misdemeanor, but the consequences remain severe and are handled in Municipal Court or Superior Court. The firm, founded in 1997 by former prosecutor Mr. Sris, focuses on building strong defenses against these charges.
Last verified: April 2026 | New Jersey Superior Court | New Jersey Legislature
Official Legal Resources
For the official statute, refer to N.J.S.A. 39:4-50 (official New Jersey Legislature site). For court procedures and locations, visit the New Jersey Courts website.
Local Court Process for a DUI Case
Your case will begin with an arraignment in the Municipal Court where you were charged. The prosecution must prove your impairment beyond a reasonable doubt. An experienced DUI attorney can challenge the evidence, such as the legality of the traffic stop or the accuracy of breathalyzer calibration.
- Receive your summons and complaint with a court date.
- Attend your first appearance (arraignment) and enter a plea.
- Your attorney will file pre-trial motions, such as to suppress evidence.
- Engage in plea negotiations or prepare for trial.
- Attend a trial or sentencing hearing if no agreement is reached.
- Address any license suspension issues with the New Jersey Motor Vehicle Commission.
Potential Penalties for DUI in New Jersey
In New Jersey, a DUI conviction carries mandatory penalties including license suspension, significant fines, and potential jail time, with increases for repeat offenses or high BAC levels.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| First Offense (BAC < 0.10%) | Traffic Offense | Up to 30 days | $250-$400 | 3-month suspension | IDRC program (12-48 hours), $100 Drunk Driving Fund fee, $100 AERF fee, $1,000 annual surcharge for 3 years. |
| First Offense (BAC 0.10%+) | Traffic Offense | Up to 30 days | $300-$500 | 7-12 month suspension | IDRC program (12-48 hours), $100 Drunk Driving Fund fee, $100 AERF fee, $1,000 annual surcharge for 3 years. |
| Second Offense | Traffic Offense | 48 hours to 90 days | $500-$1,000 | 2-year suspension | 30 days community service, IDRC program (12-48 hours), $100 Drunk Driving Fund fee, $100 AERF fee, $1,000 annual surcharge for 3 years, ignition interlock device for 1-3 years after restoration. |
| Third Offense | Traffic Offense | 180 days | $1,000 | 10-year suspension | 90 days community service, IDRC program (12-48 hours), $100 Drunk Driving Fund fee, $100 AERF fee, $1,500 annual surcharge for 3 years, ignition interlock device for 1-3 years after restoration. |
Results may vary. Prior results do not aim for a similar outcome.
Our Experience with New Jersey DUI Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our attorneys have a combined 120+ years of legal experience. We have handled thousands of traffic and criminal matters across multiple states. Our approach to drunk driving defense is based on a detailed review of police reports, calibration records for breath testing devices, and witness statements to identify weaknesses in the prosecution’s case.
Case Results
Our firm has a documented history of favorable outcomes in DUI and traffic cases. We have successfully argued for the suppression of evidence due to improper stop procedures, challenged the reliability of breath test results, and negotiated for reduced charges that avoid license suspension.
Results may vary. Prior results do not aim for a similar outcome.
Local DWI Defense for New Jersey Residents
Our New Jersey location is centrally positioned to serve clients across the state. We provide drunk driving defense for individuals in all 21 counties, including Bergen, Essex, Middlesex, Monmouth, and Ocean. As a local DWI lawyer, we are familiar with the nuances of each vicinage’s court procedures.
Law Offices Of SRIS, P.C.
51 JFK Parkway, 1st Floor West
Short Hills, NJ 07078
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: 856-291-6150
By appointment only.
We offer 24/7 phone consultations — call (888) 437-7747 — with meetings by appointment only at our Short Hills location. We serve communities statewide.
Frequently Asked Questions
Is a DUI a criminal offense in New Jersey?
No. Unlike most states, New Jersey classifies DUI as a serious traffic violation, not a criminal misdemeanor. However, the penalties, including jail time, fines, and license loss, are severe and can have long-term consequences similar to a criminal conviction.
Can I refuse a breath test in New Jersey?
It depends. New Jersey has an implied consent law. Refusal carries separate penalties, including a mandatory license suspension of 7 months to 20 years (for repeat refusals) and fines. A DUI attorney can advise on the specific circumstances of your case and whether a refusal defense is viable.
What is the cost of a DUI lawyer in New Jersey?
The cost varies based on the case’s complexity, the court location, and whether the charge is a first or repeat offense. An initial consultation can provide a clearer estimate. Investing in experienced impaired driving defense can often save you money in fines, surcharges, and insurance increases in the long term.
Will I go to jail for a first-time DUI?
It is possible but not guaranteed for a standard first offense. The law allows for up to 30 days incarceration. An experienced drunk driving lawyer New Jersey can often negotiate a sentence that does not include active jail time, especially if there are no aggravating factors like an accident or very high BAC.
How long will my license be suspended?
For a first offense, suspension ranges from 3 months to 1 year, depending on your BAC level. Second offenses bring a 2-year suspension, and third offenses result in a 10-year suspension. A DUI attorney may be able to argue for a restricted license in certain circumstances or challenge the suspension altogether.
Last verified: April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Under N.J. Stat. § 14A:1-1, state law governs this practice area.