DUI Lawyer NJ | SRIS, P.C.
DUI Lawyer NJ — What Are Your Defense Options?
A DUI in New Jersey is a serious traffic offense under N.J.S.A. 39:4-50, carrying severe penalties including license suspension, fines, and potential jail time. The Law Offices Of SRIS, P.C. provides defense for those charged. A skilled DUI lawyer NJ can challenge evidence, question procedures, and work to protect your driving privileges and future. Contact us for a 24/7 consultation.
New Jersey DUI Law and Penalties
In New Jersey, driving under the influence (DUI) is defined by statute N.J.S.A. 39:4-50. The law prohibits operating a motor vehicle with a blood alcohol concentration (BAC) of 0.08% or higher, or while impaired by alcohol, drugs, or intoxicating substances. New Jersey does not classify DUI as a criminal offense for first and second offenses; it is a serious traffic violation. However, the consequences are severe and increase with each subsequent offense.
Last verified: April 2026 | New Jersey Municipal Courts | New Jersey Legislature
Official Legal Resources
For the full text of the law, refer to the official New Jersey DUI statute (N.J.S.A. 39:4-50). For court procedures and locations, visit the New Jersey Courts Municipal Court information page.
handling a New Jersey DUI Case
The procedural path for a DUI case in New Jersey begins in Municipal Court. The process is administrative and moves quickly. An experienced DUI attorney NJ understands that early intervention is critical, as certain motions and challenges must be filed promptly. In many jurisdictions, prosecutors have standard plea offers, but an attorney can often negotiate for a reduced charge like reckless driving, which carries fewer long-term consequences.
- Arraignment and Plea: You will be formally charged and asked to enter a plea of guilty or not guilty.
- Discovery: Your attorney will request all evidence from the prosecution, including police reports, breathalyzer calibration logs, and dash/body cam footage.
- Pre-Trial Motions: Your lawyer may file motions to suppress evidence if your rights were violated during the stop or arrest.
- Negotiations or Trial: Your attorney will negotiate with the prosecutor for a favorable resolution. If no agreement is reached, the case proceeds to a bench trial before a judge.
- Sentencing or Appeal: If convicted, the judge will impose penalties. Your attorney can advise on post-conviction relief or appeals.
In New Jersey, a first-offense DUI carries a mandatory license suspension of 3 months, fines of $250-$500, and potential jail time of up to 30 days.
| Offense | Classification | License Suspension | Fines & Surcharges | Incarceration | Other Consequences |
|---|---|---|---|---|---|
| 1st Offense (BAC 0.08% – 0.10%) | Traffic Violation | 3 months | $250-$500 fine + $1,000 annual surcharge x 3 years | Up to 30 days | 12-48 hours IDRC, ignition interlock during suspension |
| 1st Offense (BAC 0.10%+) | Traffic Violation | 7 months to 1 year | $300-$500 fine + $1,000 annual surcharge x 3 years | Up to 30 days | 12-48 hours IDRC, ignition interlock during suspension |
| 2nd Offense | Traffic Violation | 2 years | $500-$1,000 fine + $1,000 annual surcharge x 3 years | 48 hours to 90 days | 30 days community service, ignition interlock 1-3 years post-suspension |
| 3rd Offense | Traffic Violation | 10 years | $1,000 fine + $1,500 annual surcharge x 3 years | 180 days | Ignition interlock 1-3 years post-suspension |
Results may vary. Prior results do not aim for a similar outcome.
Why Choose Our Firm for Your DUI Defense
The Law Offices Of SRIS, P.C. was founded in 1997. Our firm brings a combined 120+ years of legal experience to every case. Our approach is grounded in a detailed review of the evidence and a strategic understanding of New Jersey DUI law. We focus on the specific facts of your arrest to identify weaknesses in the prosecution’s case.
Case Results and Client Advocacy
Our firm has a documented record of advocating for clients facing DUI charges across New Jersey. We have successfully challenged breathalyzer results, questioned the legality of traffic stops, and negotiated for reduced charges to minimize the impact on our clients’ lives.
Results may vary. Prior results do not aim for a similar outcome.
Local DUI Defense for New Jersey Residents
Our firm is positioned to serve clients throughout New Jersey. We offer 24/7 phone consultations to address urgent questions following a DUI arrest. Meeting with a DUI law firm NJ like ours by appointment allows for a thorough, confidential discussion of your case strategy.
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: (732) 651-0900
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions: DUI in New Jersey
Is a DUI a criminal offense in New Jersey?
No. For first and second offenses, a DUI in New Jersey is classified as a serious traffic violation, not a criminal misdemeanor or felony. However, a third or subsequent offense is considered a criminal offense under New Jersey law.
Can I refuse a breath test in New Jersey?
It depends. New Jersey has an implied consent law. Refusal to submit to a breath test is a separate traffic violation that carries its own penalties, including an automatic license suspension of 7 months to 1 year for a first refusal, independent of any DUI charge.
Will I go to jail for a first-time DUI?
It depends on the circumstances. While a first-time DUI carries a potential jail sentence of up to 30 days, many first-time offenders do not receive jail time unless there are aggravating factors like a very high BAC, an accident, or a minor in the vehicle.
How long does a DUI stay on my record in NJ?
A DUI conviction in New Jersey remains on your driving record permanently. It does not expire or get expunged, and it will be considered for sentencing purposes if you are charged with another DUI in the future.
What is the IDRC program?
The Intoxicated Driver Resource Center (IDRC) is a mandatory educational program for all DUI offenders in New Jersey. A first offender must attend a 12-48 hour program, which includes an evaluation for potential alcohol or drug dependency.
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.