3 Things About New Jersey DUI’s You Didn’t Know

Did you know that New Jersey DUI’s are not a criminal charge? That means that if you’re charged and convicted with a DUI in the state of New Jersey, you will not have a criminal record. Let me explain what that means right now. We help individuals charged with DUI in the state of New Jersey defend against the serious consequences that result from a conviction. It is also my personal goal and passion to provide education about the criminal justice system before individuals become involved and entrenched in the system. So if you or someone you know has been charged with DUI or DUI related offense in the state of New Jersey, which are three things you should know.

New Jersey DUI’s Aren’t A Criminal Charge

First thing that you need to know is that a DUI in the state of New Jersey is not a criminal charge. It’s a traffic offense. What it is specifically characterized as in the state of New Jersey is a quasi criminal offense. What that means is that you have some of the same rights and protections that you would if this were a criminal charge, which means you still enjoy your constitutional right to remain silent, you can’t be compelled to answer any questions. It also means the state must prove its case against you beyond a reasonable doubt, which is the highest level of proof in the state of New Jersey. 

Now, this is different from a criminal charge, in that if you are convicted, you will not have a criminal record. You will have a record on your driving abstract because this is a traffic violation, but it’s a very significant difference from having a criminal conviction. Another significant difference is if you do decide to go to trial, because it is not a criminal offense, you are not entitled to a trial by jury. You are entitled to a bench trial, which means if you go to trial, a judge is deciding your guilt or innocence and not a jury of your peers.

Breath Samples Are Required!

The second thing that you need to know about DUI in the state of New Jersey is that there is a requirement that you provide a breath sample, but there is no requirement that you provide either blood or urine. When you get your license in the state of New Jersey, or when you operate a motor vehicle on the roads in the state of New Jersey, there’s something called implied consent. That means that you have given your consent to law enforcement to provide a breath sample. So if the officer has reasonable suspicion to believe that you are operating a motor vehicle while under the influence, you’ll have technically already consented. Now, if you’re asked to provide a breath sample, and you refuse, there’s a separate charge for that. It’s called refusal to submit to a breath sample. At this point, in addition to being potentially charged with driving under the influence, you’re now facing a separate charge of refusing to submit to a breath sample. 

Now, when it comes to blood, or urine, the law is completely different. There is no requirement that you provide either a blood sample or a urine sample. If they want to get that from you, there’s two ways that can happen. Number one, you provide consent or number two, they obtain a warrant. If law enforcement obtains a warrant, you provide either blood or urine. If you’re asked for consent, you have a choice, you can either provide consent, or you don’t provide consent. They need to explain to you what that means that you have a right to refuse, that you can provide consent, and then change your mind later. Also that if you don’t provide consent, that they have the ability to go get a warrant. 

First Time Offender Rules

The third thing you need to know about DUI in the state of New Jersey is that if you’re a first time offender and you’re convicted, there are consequences that follow from that. In all likelihood, you will be able to continue to drive even with a conviction. Let me explain what that means. If you’re convicted of a first offense DUI, there is a period of license suspension with a first offense DUI. In most cases, that period of license suspension is only going to be for the duration of time it takes for you to install an interlock device in your car. That means if you’re convicted of a DUI, the judge imposes a license suspension but also imposes a period of interlock device, let’s just say three months, your license is suspended until you place that interlock device on your car. Now, you’re still going to be able to operate a motor vehicle, drive, get to work and do what you need to do to maintain your life and your responsibilities. 

So if you or someone you know has been charged with DUI in the state of New Jersey, these are three of the most important factors you should be aware of. Now, obviously there are a lot of other laws and factors that you need to be aware of. But that’s what we’re here for. So schedule a consultation, we’ll take the time we need to review your matter and give your options and we do this all free of charge. So if you like what you’ve seen in this video, please be sure to like and subscribe to our YouTube channel for more content like this. We are criminal trial attorneys. We have your back.