In Bergen County, DUI is a traffic offense under N.J.S.A. 39:4-50, not a criminal charge. Law Offices Of SRIS, P.C. has 4,739+ documented case results firm-wide with over 93% favorable outcomes. Your case is heard at Superior Court of NJ, Bergen Vicinage. Contact us 24/7.
New Jersey DUI Law: N.J.S.A. 39:4-50
New Jersey law prohibits operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while under the influence of intoxicating liquor, drugs, or a combination thereof. This is codified under N.J.S.A. 39:4-50. Unlike most states, New Jersey classifies DUI as a traffic offense, not a criminal charge. This means it does not appear on your criminal record and does not require disclosure on most employment applications asking about criminal history. However, the penalties are severe and include mandatory license suspension, fines, and surcharges.
Last verified: April 2026 | Superior Court of NJ, Bergen Vicinage | New Jersey Legislature
Official Resources
- N.J.S.A. 39:4-50 (Official New Jersey Legislature)
- Superior Court of NJ, Bergen Vicinage
What to Expect in Bergen County Municipal Court
Bergen County Municipal Court handles all DWI cases. DWI is a traffic offense in New Jersey, not a criminal charge. There is no right to a jury trial. Plea bargaining is extremely limited — NJ prohibits pleading DWI down to a lesser charge in most cases. NJ DWI convictions cannot be expunged because they are traffic offenses. Alcotest 7110 breath test machine calibration, maintenance, and operator certification are frequent and effective defense challenges. The 20-minute observation period prior to breath testing must be strictly followed. Ignition interlock is mandatory during and after the suspension period.
- Arrest and issuance of summons or complaint.
- Initial appearance in Municipal Court within 30-60 days.
- Pre-trial conference to discuss evidence and potential resolution.
- If no resolution, trial in Municipal Court (no jury).
- Sentencing if convicted, including license suspension, fines, and IDRC.
In Bergen County, a first-offense DWI carries up to 30 days in jail, a $250-$500 fine, and a 3-12 month license suspension.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| 1st Offense (BAC 0.08-0.10) | Traffic Offense | Up to 30 days | $250-$400 | 3-month suspension | 12-48 hours IDRC, $1,000/yr MVC surcharge (3 yrs) |
| 1st Offense (BAC 0.10+) | Traffic Offense | Up to 30 days | $300-$500 | 7-12 month suspension | 12-48 hours IDRC, $1,000/yr MVC surcharge (3 yrs) |
| 2nd Offense | Traffic Offense | 48 hours-90 days | $500-$1,000 | 2-year suspension | 30 days community service, ignition interlock |
| 3rd Offense | Traffic Offense | 180 days | $1,000 | 10-year suspension | Ignition interlock mandatory |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Law Offices Of SRIS, P.C. for Your DUI Case?
Founded in 1997 by former prosecutor Mr. Sris, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Firm-wide, we have handled 4,739+ documented case results with over 93% favorable outcomes. Our advocacy is built on deep knowledge of New Jersey DUI law and the Bergen County court system. We provide case-specific strategies case-specific to your situation.
Our Track Record in DUI Defense
SRIS actively practices in Bergen County. Firm-wide, SRIS has handled 4,739+ documented case results with over 93% favorable outcomes.
Results may vary. Prior results do not aim for a similar outcome.
DUI Lawyer Near Bergen County
Our New Jersey location serves clients at Bergen County courts, accessible via I-80, NJ Turnpike, Route 17, Route 4, Route 46, GW Bridge, and GSP. We serve Hackensack, Fort Lee, Teaneck, Paramus, Englewood, Ridgewood, Fair Lawn, Bergenfield, Garfield, Mahwah, Ramsey, Lyndhurst, and surrounding communities.
Looking for a DUI lawyer near Bergen County? We are here to help.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Law Offices Of SRIS, P.C.
44 Apple St, 1st Floor, Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003 | Local: (201) 527-2700
By appointment only.
Frequently Asked Questions About DUI in Bergen County
Is a DWI a criminal offense in Bergen County, New Jersey?
No. DWI in Bergen County is a traffic offense under N.J.S.A. 39:4-50, not a criminal charge. It is heard in Municipal Court, not Superior Court. It does not appear on your criminal record.
How much does a DWI cost in Bergen County, New Jersey?
It depends. Total first-offense cost is approximately $10,000-$15,000+ including MVC surcharge ($1,000/year for 3 years), IDRC ($280), ignition interlock, insurance increases, and attorney fees.
Can a DWI be expunged in New Jersey?
No. NJ DWI convictions cannot be expunged because DWI is a traffic offense. Expungement only applies to criminal records. However, DWI does not appear on your criminal record.
What is the difference between DUI and DWI in New Jersey?
It depends. New Jersey uses the term DWI (Driving While Intoxicated) for alcohol-related offenses. DUI (Driving Under the Influence) is sometimes used interchangeably but DWI is the official term under N.J.S.A. 39:4-50.
Do I need a lawyer for a first-offense DWI in Bergen County?
Yes. Even a first-offense DWI carries severe penalties including license suspension, fines, and surcharges. An attorney can challenge the Alcotest results and procedural errors to potentially reduce penalties.
Last verified: April 2026. Information current as of April 2026. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
The same rules apply outside Bergen County, and our page on DUI charges across New Jersey walks through each stage.