Felony DUI/DWI

Felony DUI/DWI in New Jersey: Understanding Indictable DUI Charges

When a DUI Charge Becomes Life-Altering

In New Jersey, DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) charges are usually classified as traffic offenses. But there are circumstances where the situation escalates into something far more severe—an indictable offense, the state’s equivalent of a felony. When injury, death, or certain aggravating factors are involved, a routine DUI traffic stop could result in years of incarceration, loss of livelihood, and a permanent stain on your record.

At Omojola Law, we recognize the gravity of felony DUI allegations and the overwhelming impact they can have on your life. We’re here to provide a comprehensive legal defense—rooted in facts, grounded in strategy, and personalized to your specific case.

Felony vs. Misdemeanor: New Jersey Terminology

Understanding Criminal Classifications

Unlike other states that use terms like “felony” and “misdemeanor,” New Jersey uses the following classifications:

• Indictable Offense: Equivalent to a felony—serious crimes heard in Superior Court
• Disorderly Persons Offense: Comparable to a misdemeanor—less severe, heard in Municipal Court
• Traffic Offense: Typically applies to DUI—unless injury, property damage, or aggravating factors exist

A DUI is usually a traffic offense, but once injuries, fatalities, or criminal circumstances are involved, it escalates to an indictable offense, bringing it into the criminal justice system.

Standard DUI/DWI Laws in New Jersey

Who Can Be Charged?

A person can be charged with DUI/DWI in New Jersey if they are found operating a vehicle while impaired by alcohol, prescription medications, illicit drugs, or a combination of substances. These are the thresholds that determine intoxication:

• 0.08% BAC: Standard legal limit for drivers age 21 and older
• 0.04% BAC: Legal limit for commercial drivers
• 0.01% BAC: Zero tolerance law for drivers under 21

Penalties for first-time DUI offenses often include license suspension, fines, mandatory alcohol education (IDRC), insurance surcharges, and ignition interlock device installation. But when a DUI causes injury or property damage—or occurs under aggravating conditions—it is no longer “just” a traffic offense.

When Does a DUI Become a Felony (Indictable Offense)?

Aggravating Factors That Elevate DUI Charges

DUI becomes a felony when it involves harm to others or occurs in circumstances deemed dangerous by law. These situations immediately shift a DUI case from Municipal Court to Superior Court:

• Causing Bodily Injury or Serious Bodily Harm
• Driving Under the Influence in a School Zone
• Driving with a Suspended License Due to a Prior DUI
• Driving with Minors While Impaired
• Vehicular Homicide

These cases can result in long-term imprisonment, massive fines, loss of civil liberties, and long-lasting reputational damage. It’s essential to treat any DUI with injury or criminal elements as a high-priority legal emergency.

Assault by Auto: When DUI Causes Bodily Injury

DUI + Injury = Criminal Charge

In New Jersey, the charge of “Assault by Auto” applies when a person causes bodily harm while operating a vehicle under the influence. This criminal charge is directly tied to the level of injury and other contextual factors.

Felony Classifications for Assault by Auto

• Fourth-Degree Crime: Causing bodily injury while driving intoxicated (e.g., minor injuries such as bruises or whiplash); up to 18 months in prison and fines up to $10,000.
• Third-Degree Crime: Causing serious bodily injury (e.g., fractures, internal bleeding, traumatic injury); 3 to 5 years in prison and fines up to $15,000.
• Second-Degree Crime: DUI causing injury in a school zone or to a school employee; 5 to 10 years in prison and higher penalties.
• First-Degree Crime (Vehicular Homicide): Causing death while DUI—considered a form of aggravated manslaughter; 10 to 20 years in state prison and mandatory parole ineligibility.

Bodily Injury vs. Serious Bodily Injury

Understanding the legal definitions of injury levels is essential in assessing the severity of charges:

• Bodily Injury: Pain, illness, or physical impairment; can include scrapes, bruises, or temporary discomfort
• Serious Bodily Injury: Injury posing a substantial risk of death, long-term impairment, or permanent disfigurement

Aggravating Factors That Elevate DUI Charges

What Can Make a DUI Worse?

Prosecutors look for elements that show recklessness, endangerment, or repeated offenses. These factors can automatically escalate a DUI charge to an indictable level:

• Driving with a Minor: Endangering the welfare of a child may be charged separately
• DUI in a School Zone: Mandatory enhancement of penalties
• Refusing a Breathalyzer: Can lead to automatic license suspension and enhance sentencing
• Prior DUI Convictions: Escalates the severity of punishment even without new injuries
• Open Alcohol Container or Drug Possession: Adds to charges and penalties

Felony DUI Penalties: What’s at Stake?

Consequences That Extend Beyond the Courtroom

A conviction for an indictable DUI offense brings heavy criminal penalties and a lifetime of repercussions:

• Imprisonment: From 18 months to 20 years depending on charge severity
• Criminal Record: Permanent record visible on background checks and public databases
• Job Restrictions: Many careers—including education, law enforcement, and government—will no longer be accessible
• Immigration Impact: Non-citizens may face deportation or denial of residency
• Housing Limitations: Convicted felons are often denied leases or public housing
• Professional Licenses: Revocation or denial of licenses in law, medicine, nursing, finance, etc.
• Voting and Firearm Rights: Can be restricted or permanently revoked

Defending a Felony DUI Charge in New Jersey

A Strategic Defense Is Your Best Protection

Felony DUI cases are prosecuted aggressively. Prosecutors are under pressure to secure convictions—especially when injuries or fatalities are involved. That’s why you need an experienced DUI attorney who knows how to analyze evidence, challenge assumptions, and weaken the prosecution’s case from the start.

At Omojola Law, we investigate every aspect of your arrest and charge. Our defense strategy may include:

• Challenging Field Sobriety Tests: Improperly administered tests can create false indicators of impairment
• Reviewing Police Procedure: We check for rights violations, unlawful search and seizure, or failure to follow DUI arrest protocols
• Disputing Chemical Test Accuracy: Breathalyzers and blood tests must be calibrated and administered by trained professionals
• Medical Conditions: Diabetes, acid reflux, and neurological issues can mimic or cause false BAC readings
• Suppression Motions: We file legal motions to exclude illegally obtained or unreliable evidence

First-Time Felony DUI vs. Repeat Offender

Why Your Record Matters

If this is your first time facing a felony DUI charge, you may have more legal options available, including plea deals or probation alternatives. But if you’re a repeat offender, especially with prior DUI convictions, sentencing will be much more severe:

• First-Time Felony DUI: Possibility of reduced sentencing, probation, or rehabilitative programs
• Repeat Felony DUI: Mandatory prison time, higher fines, and fewer diversion opportunities

Each case is unique—and Omojola Law will fight for every possible advantage to secure the best outcome for you.

What to Do Immediately After a Felony DUI Arrest

Your Next Move Could Change Everything

• Do Not Talk to Police: Politely exercise your right to remain silent until you have legal counsel
• Request an Attorney: Do not waive your rights—request a lawyer as soon as you are booked
• Document the Event: Write down your memory of the arrest, who was present, what was said, and how the test was administered
• Call Omojola Law Immediately: Early intervention is critical in felony DUI cases

Why Choose Omojola Law?

We Know the Law. We Know What Works.

• Decades of Combined Experience: Our legal team has handled hundreds of DUI cases—including indictable offenses with injury and vehicular manslaughter
• Science-Based Defense: We understand how to challenge BAC readings, forensic reports, and toxicology results
• Courtroom Confidence: We aggressively advocate in front of judges and juries while maintaining professionalism and compassion
• Client-Focused Service: You’ll always know what’s happening in your case and why

Contact Omojola Law Today

Don’t Face Felony DUI Charges Alone

The difference between a conviction and a second chance often comes down to your legal team. At Omojola Law, we defend your freedom, protect your rights, and fight to keep your future intact.
Learn more about felony-level penalties by reviewing the official New Jersey DUI Penalties Overview or check the NJ MVC license suspension guidelines.

📞 Call us now for a confidential legal consultation. Let us help you take control of your defense—before it’s too late.