Can You Go to Jail for a DUI in New Jersey?
Posted by Scott Gorman - July 17, 2023

If you were recently arrested for driving under the influence (DUI) in New Jersey, you may be wondering if your DUI could land you in jail. The short answer is, “Yes.” Even though New Jersey law classifies DUI as a traffic offense rather than a crime, first-time offenders can still face up to 30 days of jail time.

But, the risk of jail time is just one of several reasons why you need an experienced Essex County DUI lawyer on your side.

Not only might your lawyer be able to help you avoid jail time, but your lawyer can also help you seek to avoid all of the other consequences of a DUI conviction. A DUI conviction can truly be life-changing, and you owe it to yourself to fight for your future (and your freedom) by all means available.

Jail Sentences for DUI Convictions in New Jersey

In New Jersey, all DUI charges carry jail time—among other penalties. The amount of jail time you are facing depends on two primary factors: (i) the specific charge (or charges) you are facing and (ii) your DUI history (if any).

For a typical DUI charge with a blood alcohol concentration (BAC) of 0.08 percent or above, the potential jail sentences for first-time and repeat offenders are as follows:

  • First-Time Offender – Up to 30 days in jail
  • SecondTime Offender – Up to 90 days in jail
  • ThirdTime Offender – Up to 180 days in jail

However, there are various factors that can increase the amount of jail time that is on the table. For example, if you get convicted of causing an accident while driving under the influence, you could be sentenced to anywhere from 18 months to 20 years behind bars.

Avoiding Jail Time for a New Jersey DUI

While some offenses carry mandatory minimum sentences, it will be possible to avoid jail time for a New Jersey DUI in many cases. Even if you aren’t able to avoid a conviction entirely, your lawyer may still be able to convince the judge that jail time isn’t necessary to deter you from driving drunk in the future.

Of course, when you are facing a DUI charge, the best-case scenario is to have your charge dismissed. There are several ways to fight a DUI charge in New Jersey—including ways to fight your charge even if you were driving drunk. When you hire an experienced Essex County DUI lawyer to represent you, your lawyer will evaluate all available options for fighting your charge, and if having your charge dismissed is a realistic possibility, your lawyer will fight to secure this outcome on your behalf.

Discuss Your Case with Essex County DUI Lawyer Scott Gorman

Are you facing a DUI charge in New Jersey? If so, we strongly encourage you to contact us for more information. To discuss your case with Essex County DUI lawyer Scott Gorman in confidence, call 862-250-6201 or tell us how we can reach you online today.

Published in Categories: DUI / DWI