A New Jersey criminal judge may take your driving under the influence (DUI) quite offensively. So much so, they may order you to spend some time behind bars, hoping this will make you learn your lesson and deter you from ever committing this offense again. This is, of course, in addition to other penalties, like hefty fines, a driver’s license suspension, community service hours, and much more. Well, please read on to discover how long your jail sentence might be and how a seasoned Morris County DUI lawyer at the Macri Law Firm can work to minimize or eliminate this punishment.
How long will I go to jail for a DUI offense in New Jersey?
The length of your jail sentence may depend on the circumstances surrounding your committing this DUI offense, primarily on whether this is your first or subsequent time being found guilty. That is, in the state of New Jersey, a first-offense DUI is commonly associated with up to 30 days in jail. However, if you are under the legal drinking age of 21, your first-offense DUI may only come with up to 30 days of community service.
If you commit a second offense within 10 years, you may have to spend a mandatory 48 hours in jail. But the judge may rule to keep you there for as long as 90 days. As for a third-offense DUI, the mandatory minimum is 180 days. Of note, the judge may grant permission for you to spend 90 of these days in an approved inpatient rehabilitation program instead. The remaining 90 days, though, cannot be served intermittently as is allowed for first and second offenses.
What if I caused a fatal accident with my DUI offense?
Law enforcement may have arrested you under reasonable suspicion of intoxicated driving after pulling you over and conducting a traffic stop. But it is far worse if your DUI was discovered after you caused a catastrophic auto accident that resulted in the death of one or more innocent victims. Given this circumstance, the New Jersey criminal judge may find you guilty of vehicular homicide. This may either be charged as a second-degree or first-degree criminal offense.
With that being said, you may receive a prison sentence instead of jail time. For second-degree vehicular homicide, you may be sent away for five to 10 years. As for first-degree vehicular homicide, your sentence may be upgraded to 10 to 20 years. Given the state’s No Early Release Act, you may have to serve at least 85 percent of this time before becoming eligible for parole. This translates to a mandatory minimum of four years and three months or eight years and six months for second- or first-degree vehicular homicide, respectively.
The first step toward preparing yourself for this legal action is to retain the services of a competent Morris County, New Jersey criminal defense lawyer. Look no further than the Macri Law Firm.