How a New Jersey DWI Becomes a Felony
There really isn’t such a thing as felony drunk driving in New Jersey because it is not classified as a crime. A driving while under influence (commonly referred to as DWI) is classified as a traffic offense and as such you are not looking at state prison time. However, a DWI arrest and conviction involves harsh penalties under New Jersey law and involves certain criminal overtones when a drunk driving charge is associated with other conduct, such as vehicular assault and vehicular homicide.
DWI Cases that End with Felony Affiliations
In 2011, New Jersey enacted a new crime of driving with a revoked license from a DWI. This law criminalizes the act of driving, regardless of whether you are intoxicated at the time. Drunk driving becomes implicated in this crime as a result of a motorist driving a second time while revoked for a first DWI. In other words, if you are driving for the first time for a second subsequent drunk driving charge, you will face criminal charges.
New Jersey classifies crimes as first, second, third or fourth degree. First degree is the most serious and fourth is the least serious. Most third and fourth degree crimes have a presumption of non-incarceration if it is a first offense. However, the state legislature has made it clear that a DWI fourth degree crime results in at least six months of county jail or state prison depending on where you are classified.
How a New Jersey DWI Defense Lawyer Can Help
If you or a loved one are accused of driving while intoxicated in New Jersey, it is crucial to immediately hire an experienced DWI defense attorney, especially if you have caused an accident. If the accident has resulted in injuries or a fatality, the charges against you will no doubt be escalated to an indictable offense which can result in extended jail time. A fatal accident combined with drunk driving can be charged as manslaughter or vehicular homicide. The penalty for these charges is 5 to 10 years in prison and fines up to $15,000.
You need to have a skilled defense attorney on your side who is well-versed in these changing laws to help you avoid a conviction and the resulting harsh penalties.
Contact Us Today!
If you have been arrested for drunk driving, you should discuss your case, including any potential meritorious motions to suppress, with an experienced New Jersey DWI attorney. For more information or to schedule a free consultation with one of our skilled attorneys, please call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
