DUI/DWI Defense In New Jersey requires strategic legal experience and attention to detail. Your New Jersey DUI/DWI lawyer must handle your case with intense scrutiny to uncover errors that could be used as leverage to avoid jail, loss of driving privileges, and to minimize fines. You need an attorney who leaves no stone unturned, with a relentless problem-solving approach. You can trust our dedicated team to represent you with care and precision.
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Omojola Law is a client-focused law firm with a relentless problem-solving approach, dedicated to exceptional legal services in Litigation, Domestic Violence and Family Matters, DUI/DWI Defense In New Jersey, and Immigration. Where litigation becomes necessary, whether in commerce or in other areas, Omojola Law offers strategic and robust representation to address disputes efficiently and to secure clients’ interests. The firm handles domestic violence matters, child custody, and child support issues with sensitivity and professionalism. Where the issue is a DUI/DWI matter, we protect our clients’ rights by using aggressive DUI/DWI Defense In New Jersey strategies to pave the way for satisfactory resolutions. With immigration law, in addition to prompt deportation defense, Omojola Law provides compassionate guidance to navigate pitfalls in fiancé or spousal and other family-based petitions, to secure visas for investors or special immigrants, permanent residence (“green card”), and citizenship. With a commitment to excellence and tailored solutions, Omojola Law is a trusted partner in resolving legal challenges. Click on each practice area for more details, and check our Reviews to see what clients say about Attorney Ade Omojola over the years. We also support clients in domestic violence and immigration matters across New Jersey.
A first-time DUI/DWI offense in New Jersey, even with a relatively low Blood Alcohol Content (BAC) of 0.08% to 0.09%, is far more serious than most people realize. Many first-time offenders are shocked to discover that the penalties are immediate and strict—ranging from a fine of $250 to $400, up to 30 days in jail, a 90-day driver’s license suspension, and mandatory participation in the Intoxicated Driver Resource Center (IDRC). In addition to these legal consequences, drivers may face thousands of dollars in surcharges, insurance premium increases, and the long-term impact of having a criminal offense on their record. The emotional toll can be just as heavy—dealing with fear, embarrassment, and uncertainty about what comes next. However, being charged does not mean you are automatically convicted. Whether you made a one-time mistake or believe you were wrongfully accused due to faulty testing or improper procedure, there are legal defenses available. An experienced DUI attorney can help you challenge the validity of the stop or test, work to reduce your penalties, and in some cases, even help you avoid conviction altogether through alternative sentencing like community service or alcohol education programs. At Omojola Law, we understand the stress you’re under and are here to guide you through the legal process with clarity and compassion. Our goal is to protect your rights, limit the impact on your future, and help you move forward from this moment with confidence.
For more information about DUI penalties, refer to the official New Jersey DUI License Suspension Rules and Drunk Driving Facts provided by state authorities.
A second DUI/DWI offense in New Jersey is treated with much greater severity than a first offense, as the court now views the individual as a repeat offender. The assumption is that the behavior is no longer accidental or isolated, but habitual—making the legal system far less lenient. If you are convicted of a second DUI within ten years of your first, the penalties increase significantly and can have a lasting impact on both your personal and professional life. Fines now range from $500 to $1,000, but the true financial burden goes well beyond that. You may be subject to costly surcharges, dramatically increased auto insurance premiums, and the added expenses of mandatory alcohol education, treatment programs, and the installation of an ignition interlock device in your vehicle.
Jail time also becomes more than just a possibility. While the sentence for a second offense can range from 2 days to 90 days, many counties enforce a mandatory minimum incarceration period. Judges may also require that a portion of that time be served in a rehabilitation facility or through community service, depending on the circumstances. Additionally, the driver’s license suspension jumps to a full two years, which can create significant barriers to employment, family obligations, and daily responsibilities. The reinstatement process afterward includes mandatory courses and assessments, further complicating your return to normal life.
A third DUI/DWI offense in New Jersey is no longer viewed as just a serious lapse in judgment—it is classified as a grave and repeat violation of the law, often met with the harshest penalties available. By this stage, the court assumes a pattern of behavior and will likely treat the case with zero tolerance. A third DUI conviction within a 10-year period not only carries steep consequences but also significantly reduces your chances of leniency or alternative sentencing. The baseline penalty includes a mandatory $1,000 fine, up to 180 days in jail, and a license suspension for eight years. Unlike a first or second offense, where some flexibility in sentencing might exist, a third DUI conviction removes most discretionary leniency from the court’s hands.
The jail sentence for a third offense is severe. Up to 90 days of the 180-day jail term may be required to be served in a state-approved inpatient drug or alcohol treatment facility, as designated by the Intoxicated Driver Resource Center (IDRC). While this can provide a rehabilitative path rather than straight incarceration, the time commitment, isolation, and disruption to your family, career, and daily life can be devastating. After serving the sentence, you will likely be required to continue substance abuse treatment or counseling, sometimes under court supervision, depending on the circumstances of your case and prior behavior.
In addition to the jail term and hefty fines, the court will impose a long-term ignition interlock device (IID) requirement. This means that even after your license is reinstated, you must install an IID on any vehicle you operate for two to four years, at your own cost. These devices are not only inconvenient but also come with monthly maintenance fees and potential embarrassment in both personal and professional settings.
Underage DUI/DWI charges are among the most aggressively prosecuted offenses in traffic law and carry some of the strictest legal standards. In most U.S. states, individuals under the age of 21 are prohibited from consuming alcohol altogether, which means that the threshold for what constitutes an offense is dramatically lower than it is for adults. While adult drivers can typically only be charged with DUI or DWI if their Blood Alcohol Content (BAC) is 0.08% or higher, underage drivers can face the same charges for a BAC as low as 0.01%—meaning any detectable amount of alcohol in their system may lead to arrest and prosecution.
Even if a young driver shows no signs of impairment, the presence of alcohol alone is enough to trigger legal action. Police officers are trained to take zero tolerance laws very seriously, and any BAC reading over 0.00% may result in an immediate license suspension, arrest, and criminal charges. The consequences for minors do not stop there. In many jurisdictions, they may also face mandatory court appearances, alcohol education or intervention programs, and significant fines, even for a first offense. These programs are not only time-consuming but can also be expensive, placing a financial burden on both the young driver and their family.
In some cases, the penalties go even further. Many states enforce mandatory community service, substance abuse assessments, and counseling sessions. For repeat offenses or if the incident involved aggravating factors such as reckless driving or causing an accident, minors may be sentenced to time in juvenile detention facilities or county jail. Additionally, some courts may require ignition interlock devices to be installed on the vehicle, even for underage drivers, further complicating their ability to drive in the future.
A Felony DUI/DWI represents the most severe category of drunk driving offenses and is typically reserved for cases involving aggravating factors such as multiple prior DUI convictions, causing serious injury, endangering a child, or driving under the influence resulting in death. Unlike standard or misdemeanor DUI charges, a felony DUI carries with it long-term consequences that can dramatically affect every aspect of your life—your freedom, your finances, and your future. In New Jersey, these are classified as indictable offenses—the state’s equivalent of felonies—and are prosecuted in superior court. In other states, these charges fall under the straightforward felony classification but carry similarly life-altering outcomes.
The penalties for a felony DUI conviction are intense. You could be facing state prison time ranging from several years to over a decade, depending on the circumstances. The fines can soar into the tens of thousands of dollars, and courts will often mandate long-term alcohol treatment, community service, and the installation of an ignition interlock device (IID) for many years—if you’re ever allowed to drive again. In many cases, your driver’s license will be revoked for multiple years or even permanently, which makes day-to-day life, employment, and caring for your family extremely difficult.
The impact of a felony DUI conviction reaches far beyond the courtroom. A permanent criminal record for a felony offense can severely limit your ability to find employment, especially in fields that require licensing, background checks, or driving. It can also make international travel impossible, affect your eligibility for government benefits, and cause serious complications when applying for housing or loans. In short, a felony DUI can derail your life in ways that go far beyond just legal punishment—it can follow you for decades.
Attorney at Law
Attorney Ade Omojola is a seasoned attorney with over 13 years in law practice. As the founder of the firm based in New Jersey, he has built a reputation with Clients for relentless dedication, exceptional legal skills, and a problem-solving approach. He is known for providing strategic advice and dedicated representation, ensuring clients’ rights are protected and their interests are secured. With a proven record of success, Attorney Omojola earned the trust of clients and the respect of peers. A true advocate who leaves no stone unturned, he made a difference over the years, with a commitment to providing personalized solutions, without ever losing sight of the lives affected by his work. When not practicing law, he is an advocate and a consistent voice for the rights of the Yoruba People, by which he worked on matters filed at the International Criminal Court, and the ECOWAS Community Court of Justice. Check our Reviews, to see what clients say about Attorney Ade Omojola over the years.
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