Are you facing assault by auto and driving under the influence (DUI) charges in New Jersey? The penalties for conviction of these crimes could include loss of driving privileges, steep fines, and imprisonment. A criminal defense attorney who handles assault by auto and DUI charges can help you understand your legal options and work toward a favorable outcome for your case.
What Is New Jersey’s Assault by Auto Law?
Under New Jersey law, assault by auto occurs when someone drives a vehicle recklessly and causes bodily injury to another person. Reckless driving involves disregarding the safety of others on the road, such as by ignoring traffic signals, speeding, tailgating, or swerving between lanes.
The law classifies assault by auto in different degrees, depending on the circumstances. An individual may face, in escalating order of severity:
- A disorderly persons charge if operating a motor vehicle in a reckless manner and bodily injury results
- A fourth-degree assault by auto charge if the accident causes a serious bodily injury
- A third-degree assault by auto charge if the driver is intoxicated or driving aggressively (unexpectedly changing speed, changing lanes erratically, ignoring traffic signs or signals, failing to yield the right of way, following too closely behind another vehicle)
- A second-degree assault by auto charge if the above offenses take place in a school zone
DUI Laws in New Jersey
New Jersey has strict DUI laws that establish a blood alcohol concentration (BAC) of 0.08 percent as the legal threshold for intoxication. Commercial vehicle drivers face DUI charges for a BAC of 0.04 percent or higher. For drivers under 21, any detectable BAC can result in a DUI charge.
Penalties for a first-time DUI offense can include fines, license suspension, and mandatory alcohol education classes. Repeat offenses lead to harsher penalties, including longer license suspensions, higher fines, and jail time.
The Intersection of NJ Assault by Auto and DUI
The intersection of assault by auto NJ and DUI often results in stricter penalties because it involves multiple dangerous behaviors. The level of injury caused during the incident also plays a crucial role in determining the severity of the charges and penalties. When a driver operates a vehicle under the influence and causes an accident that injures someone, the law sees this as a severe offense.
New Jersey considers DUI as an aggravating factor in assault by auto cases, along with other factors, including driving in a school zone, having a minor in the vehicle, and driving at an excessive speed. Drunk driving significantly impairs judgment, reaction time, and motor skills, making it extremely hazardous. Combining this impairment with reckless actions elevates the risk of causing severe harm.
Legal Consequences and Penalties
A conviction of assault by auto in New Jersey can include various legal consequences. The harshness of the penalties depends on the severity of the injuries caused by a combination of assault by auto and driving while intoxicated. Other factors influencing possible penalties include:
- BAC Level – Higher BAC levels indicate a greater degree of impairment and irresponsibility.
- Prior Offenses – A defendant with prior DUI or reckless driving convictions will face harsher penalties. Repeat offenders are more dangerous to public safety.
- Defendant’s Attitude and Remorse – A defendant who shows genuine remorse, takes responsibility for their actions, and tries to rectify the situation (such as by seeking treatment for substance abuse) may receive a more lenient sentence.
- Personal Reputation and Community History – Positive contributions to the community, a stable job, and strong family support may lead the court to consider alternative sentences or rehabilitation programs rather than long-term imprisonment.
New Jersey law employs a tiered penalty system for DUI offenses with the following consequences:
- First Offense with a BAC of 0.08 to 0.1 Percent – Fines of $250 to $400, license suspension for three months, and potential imprisonment for up to 30 days
- Second Offense Within 10 Years – Fines of $500 to $1,000, license suspension for up to two years, and mandatory imprisonment of 48 hours to 90 days
- Third Offense Within 10 Years – A fine of $1,000, license suspension for eight years, and imprisonment of up to 180 days
Additional DUI penalties can include:
- Mandatory alcohol education classes
- Installation of an ignition interlock device (IID) in the driver’s vehicle
- Community service
- Participation in substance abuse treatment programs
- Increased auto insurance premiums
- Permanent criminal record
Defending Against Assault by Auto and DUI Charges
Because the combination of assault by auto and DUI charges has such imposing consequences, accused individuals should need experienced legal representation from a criminal trial attorney. Some potentially viable defense strategies against these criminal offenses include:
- Demonstrating that the driving behavior did not amount to recklessness
- Questioning the accuracy of the BAC test, the methods used by law enforcement during the arrest, and other evidence
- Challenging the constitutionality of the traffic stop
- Arguing that the driver’s actions did not cause the injuries or that the injuries were not that severe
Another strategy criminal defense attorneys employ is negotiating with prosecutors to reduce charges or seek alternative sentencing options.
Contact Our New Jersey Defense Attorney for Help
Defending yourself against assault by auto and DUI charges in New Jersey requires a skilled attorney who handles these complex cases. At Keith Oliver Criminal Law, we have years of experience in the New Jersey criminal justice system and respected relationships with prosecutors and courts. Our criminal defense law firm can review the charges against you, assess the prosecution’s case, and strategize for the best possible outcome.
With proper legal representation, you can confidently face these charges and work towards a favorable resolution to your criminal case. Contact Keith Oliver Criminal Law today for a confidential and free consultation. We are committed to providing personalized legal services and fighting for your rights and freedom every step of the way.
