Driving while intoxicated is generally classified as a motor vehicle offense in New Jersey, not a felony or criminal offense. In NJ the term Felony isn't used in the Statutes. NJ classifies the equivalent of Felony's with the words Crimes. For the sake of this article, we will use the word "felony". A DWI can lead to a Felony (crime) Charge.

Municipal Courts where DWI cases are generally handled are courts that address Motor Vehicle and disorderly persons offenses. These types of offenses have a maximum penalty of 6 months in jail as the maximum penalty. A first offense of DWI can result in a 30-day jail term, as a second offense can result in up to 90 days in jail. However, these are not mandatory, and jail for a first or second offense of DWI is discretionary so does not often occur.  A third DWI conviction within a 10-year period can lead to felony-like consequences, including 6 months of mandatory jail time, 8-year license suspension, and heavy fines.

Under certain circumstances surrounding or involving the DWI. Aggravating factors can escalate a DWI charge to a felony-level offense:

1. Injuries or Fatalities: A DWI charge involving an accident that causes bodily injury or death is treated as a felony. These cases may include additional charges such as vehicular manslaughter or assault by auto.

2. Driving with a Minor in the Vehicle: If you're charged with DWI while a minor is in the car, the penalties can be significantly enhanced, potentially leading to larger consequences.

Aggravating factors, such as prior convictions or extreme recklessness, can also influence whether a DWI case is elevated to felony status.

Is “Aggravated DWI” a Felony?

New Jersey law does not categorize 'aggravated DWI' as a specific offense, but aggravating factors such as a BAC of 0.15% or higher, causing significant property damage, or driving with a minor in the vehicle can result in enhanced penalties or additional charges.

• High BAC Levels: Drivers with a BAC of 0.15% or higher face stricter penalties, such as mandatory ignition interlock device installation.

• Accidents Causing Significant Damage: Causing severe property damage or involvement in a multi-vehicle accident while intoxicated can result in more severe charges.

• Child Endangerment: Driving under the influence with a child in the car is considered child endangerment, a separate criminal charge that carries additional penalties.

While these circumstances may not always result in a separate felony charge, they demonstrate the seriousness of DWI offenses in New Jersey and highlight the importance of skilled legal representation.

Why You Should Hire Villani & Deluca, P.C. for Your DWI Defense

When facing a DWI charge, the stakes are high. A conviction can lead to financial strain, loss of driving privileges, and even jail time. To protect your rights and secure the best possible outcome, hiring an experienced legal team is essential. Here's why Villani & Deluca, P.C. is the right choice:

1. Proven Experience in DWI Defense

• Carmine R. Villani, Esq., a founding partner of Villani & Deluca, P.C., has extensive experience as a former Municipal Prosecutor and has been practicing law since 1992. His  knowledge of how DWI cases are prosecuted enables him to build strong defenses for his clients.

2. Personalized Defense Strategies

• No two DWI cases are alike. Villani & Deluca, P.C. tailors their approach to your specific circumstances, whether it's challenging the legality of the traffic stop, questioning the accuracy of test results, or negotiating reduced penalties.

3. Around-the-Clock Support

• DWI charges don't follow a 9-to-5 schedule. Villani & Deluca, P.C. offers 24/7 availability to ensure your rights are protected at every stage of the process. If an attorney is unavailable your information will be collected by an intake specialist and an attorney will get back to you with a free phone consultation.

4. Proven Track Record

• The firm's history of successful case outcomes speaks to their ability to provide effective representation, even in the most challenging DWI cases.

When your future is on the line, trust Villani & Deluca, P.C. to fight for the best possible outcome.

Conclusion: Protect Your Rights and Your Future

Driving While Intoxicated is a serious offense in New Jersey, and while most cases are treated as traffic violations, certain circumstances can lead to felony charges. Whether you're dealing with a first-time offense or a repeat violation, understanding the nuances of New Jersey DWI laws is critical to protecting your rights.

If you're asking, "Is driving while intoxicated a felony in NJ?" remember that the answer depends on the specifics of your case. Aggravating factors like repeat offenses, high BAC levels, or accidents causing injuries can escalate charges and penalties.

Don't face these challenges alone. Villani & Deluca, P.C. has the experience, knowledge, and dedication needed to defend your case effectively. Contact their team today or visit their website to learn more about how they can help you fight DWI charges and protect your future.