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Aggravated DUI in New Jersey


A first-time DUI conviction in New Jersey is punishable by a fine of up to $400, license suspension for up to three months, and a maximum 30-day jail sentence. However, even a first offense can lead to increased penalties—or even a felony charge—if certain aggravating factors exist in the case.

Common factors of aggravated DUI in New Jersey include:

  • High BAC – To be found guilty of a DUI, the driver must have a blood alcohol content (BAC) of .08 percent or higher. If the driver’s BAC is at least .10 percent, a conviction can result in a maximum $500 fine, license suspension for up to one year, and a mandatory jail sentence.
  • School zone – In the wake of several car accidents involving drunk drivers and school children, New Jersey lawmakers increase the penalties of a DUI if an offender is within 1000 feet of a school zone. A first-time conviction of this type of DUI carries a fine of up to $1,000, driver’s license suspension of up to two years, and a maximum 60-day jail sentence.
  • Repeat offender – Since a person should’ve learned after their first DUI conviction, a subsequent offense carries harsher penalties. For example, a second-time DUI is punishable by a fine no more than $1,000, driver’s license suspension for up to two years, and a maximum 90-day jail sentence.
  • Child passenger – If there is a child passenger under 17 years of age in the vehicle at the time of a DUI arrest, a person can be charged with a disorderly persons offense or a criminal charge—on top of the DUI offense. A conviction for a disorderly persons offense is punishable by a fine not exceeding $1,000 and a maximum six-month jail sentence.
  • Car accident – When a DUI arrest involves a car accident, it is possible to be charged with a felony offense—depending on the circumstances of the case. For example, if a collision involves a bodily injury, it is considered a fourth-degree felony. If a collision involves a serious bodily injury, it is a third-degree felony. A third-degree felony can lead to a prison term of up to five years, while a fourth-degree felony can result in a maximum 18-month prison sentence.

If you have been charged with an aggravated DUI in Bergen County, contact the Law Offices of Joseph R. Donahue, LLC today at (201) 574-7919 and request a free consultation.

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