Felony DWI Lawyer Burlington County — Defending Serious Criminal Charges
A felony DWI in Burlington County is a serious criminal charge under N.J.S.A. 2C:40-26, carrying mandatory 180 days jail and a 10-year license suspension. Law Offices Of SRIS, P.C. provides defense for these complex cases. If you face a felony DWI charge, immediate action is critical. Contact a felony DWI lawyer Burlington County at (888) 437-7747 for a 24/7 consultation.
Understanding Felony DWI Charges in New Jersey
While most DWI offenses in New Jersey are traffic violations, certain circumstances elevate the charge to a felony-level indictable crime. The primary statute for a felony DWI is N.J.S.A. 2C:40-26, which applies to driving while suspended for a prior DWI conviction. This is a fourth-degree crime, New Jersey’s equivalent of a felony.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
Founded in 1997 by former prosecutor Mr. Sris, our firm has over 120 years of combined legal experience handling complex criminal and traffic defense matters across multiple jurisdictions.
Official Legal Resources
For the official text of the law, refer to N.J.S.A. 2C:40-26 (official New Jersey Legislature site). Court procedures and filings for Burlington County are handled through the Superior Court of NJ, Burlington Vicinage.
Local Defense Strategy for Burlington County
In Burlington County, prosecutors vigorously pursue charges under N.J.S.A. 2C:40-26 due to the mandatory jail term. A key defense involves challenging whether the state can prove you were actually driving while your license was suspended for a prior DWI. The notice of suspension and its effective date are often critical points of contention. For a felony charge defense lawyer Burlington County, examining the chain of evidence from the traffic stop through the MVC records is essential.
- Secure Immediate Representation: Contact an attorney before any further statements. The 180-day jail term is mandatory upon conviction, making early intervention vital.
- Case Analysis & Discovery: Your lawyer will obtain all evidence, including arrest reports, MVC suspension records, and prior case files to identify weaknesses.
- Pre-Trial Motions: File motions to suppress evidence or dismiss charges if procedural errors, illegal stops, or faulty suspension notices are found.
- Negotiation & Trial Strategy: Explore all options, from negotiating a plea to a non-criminal offense to preparing a vigorous trial defense focused on the state’s burden of proof.
- Sentencing Mitigation: If conviction occurs, advocate for the minimum mandatory sentence and argue for concurrent terms on any related charges.
- Post-Conviction Relief: Address license restoration requirements and explore appeals if legal errors affected the case outcome.
Penalties for Felony DWI in Burlington County
In Burlington County, a felony DWI under N.J.S.A. 2C:40-26 carries a mandatory 180 days in county jail, a 10-year license suspension, and significant fines.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Driving While Suspended for DWI (1st Offense under 2C:40-26) | Crime of the 4th Degree (Felony) | Mandatory 180 days county jail. No early release under NJ’s No Early Release Act (NERA). | $500 – $1,000 | 10-year suspension. Ignition interlock device required for 1-3 years after restoration. | Felony criminal record, significant insurance increases, potential loss of employment. |
| Subsequent 2C:40-26 Offense | Crime of the 4th Degree | Mandatory 180 days jail, which must be served consecutively to any other sentence. | Up to $2,000 | Additional suspension period, likely permanent revocation. | Enhanced penalties, potential parole ineligibility. |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Felony DWI Defense
Law Offices Of SRIS, P.C. was founded in 1997 and brings over 120 years of combined attorney experience to complex criminal defense. Our firm-wide track includes 4,739+ documented case results. We understand that a felony DWI charge is not just a traffic matter but a life-altering serious criminal charge. Our approach combines detailed knowledge of New Jersey’s strict DWI and criminal statutes with aggressive advocacy in the Burlington Vicinage courts.
Case Results & Client Advocacy
While specific Burlington County results are part of ongoing client representation, our firm-wide record includes 4,739+ documented case results with a favorable outcome rate exceeding 93%. This extensive experience informs our defense strategies for felony DWI charges, where challenging the legality of the stop, the proof of suspension, and the state’s evidence are paramount.
Results may vary. Prior results do not guarantee a similar outcome.
Felony DWI Defense in Burlington County, NJ
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor, Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only. 24/7 phone consultations.
Our New Jersey location serves clients at Burlington County courts. We represent individuals in Mount Holly, Mount Laurel, Moorestown, and surrounding communities. If you need a felony DWI lawyer Burlington County near you, contact us for a consultation.
Felony DWI in Burlington County: Frequently Asked Questions
What makes a DWI a felony in New Jersey?
Yes. A DWI becomes a felony-level crime under N.J.S.A. 2C:40-26 if you are caught driving while your license is suspended specifically for a prior DWI conviction. This is a fourth-degree crime with a mandatory 180-day jail sentence, distinguishing it from standard traffic DWI offenses.
Is there any way to avoid jail time for a felony DWI in NJ?
It depends. The 180-day jail term under N.J.S.A. 2C:40-26 is mandatory upon conviction. The primary defense is to avoid conviction by challenging the charge itself. A felony charge defense lawyer Burlington County can fight the case by arguing lack of knowledge of suspension, illegal stop, or insufficient evidence that the suspension was for a prior DWI.
How does a felony DWI differ from a standard DWI in Burlington County?
A standard DWI under N.J.S.A. 39:4-50 is a traffic offense heard in Municipal Court. A felony DWI under N.J.S.A. 2C:40-26 is a fourth-degree criminal indictable offense heard in Superior Court. The criminal charge carries a mandatory jail sentence, a much longer license suspension, and creates a permanent felony record.
Can I get a felony DWI expunged in New Jersey?
It depends. Fourth-degree crimes like a 2C:40-26 conviction are generally eligible for expungement in New Jersey, but you must wait at least five years after completing your sentence, including probation and paying all fines. Eligibility is complex and requires a lawyer’s review of your entire record.
What should I do if I’m charged with felony DWI in Burlington County?
First, do not speak to police without an attorney. Second, immediately contact a serious criminal charge lawyer Burlington County who understands both DWI and criminal law. The stakes are extremely high due to mandatory jail time. Call (888) 437-7747 for a 24/7 consultation to begin building your defense.
Related Legal Services: If you are facing other charges, our firm also provides representation for criminal defense in Burlington County and DWI defense across New Jersey. For charges in nearby areas, see our pages for DWI defense in Hunterdon County and DWI defense in Somerset County.
Page last verified and updated: April 2026. Laws and procedures change. For the most current advice regarding a felony DWI charge, contact Law Offices Of SRIS, P.C. at (888) 437-7747.
Attorney responsible for this advertisement: Mr. Sris, Law Offices Of SRIS, P.C., 44 Apple St 1st Floor, Tinton Falls, NJ 07724.