Is DWI a Crime in New Jersey?
No. New Jersey does not classify driving while intoxicated as a criminal offense. Under N.J.S.A. 39:4-50, a DWI charge is handled in municipal court as a quasi-criminal, administrative violation. That answer surprises many drivers who live or work in neighboring states. In Virginia, a first DUI under Va. Code § 18.2-266 is a Class 1 misdemeanor. In New York, a first DWI under NY VTL § 1192 is a misdemeanor. The New Jersey label does not make the charge minor. The statute lists license forfeiture, fines, attendance at the Intoxicated Driver Resource Center, and an ignition interlock device as penalties. Jail becomes part of the penalty structure at a second or third offense. Mr. Sris, Owner and Founder of Law Offices Of SRIS, P.C., is admitted in New Jersey, and the firm’s intake line is staffed 24/7 at (888) 437-7747.
What N.J.S.A. 39:4-50 covers
The statute reaches more than alcohol. It applies to a person who operates a motor vehicle while under the influence of:
- intoxicating liquor
- a narcotic drug
- a hallucinogenic drug
- a habit-producing drug
It also applies to a driver whose blood alcohol concentration is 0.08% or more. The state can therefore proceed on a test number, on observed impairment, or on both.
What “not a crime” means for a driver
The case is heard in municipal court. The charge is still a serious matter because the listed penalties touch the two things most drivers depend on: the license and the household budget. A license forfeiture affects work, school runs, and family care. An ignition interlock requirement changes how a person uses a vehicle every day. A second or third offense adds exposure to jail.
How New Jersey compares with nearby states
| State | Statute | First-offense classification |
|---|---|---|
| New Jersey | N.J.S.A. 39:4-50 | Not a criminal offense; quasi-criminal, administrative violation in municipal court |
| Virginia | Va. Code § 18.2-266 | Class 1 misdemeanor |
| New York | NY VTL § 1192 | Misdemeanor; felony with a prior conviction within 10 years |
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle New Jersey DWI Matters
The work begins with the record of the stop. That means the reason for the stop, the officer’s observations, the testing that followed, and the paperwork served on the driver. Each item is compared with what N.J.S.A. 39:4-50 requires the state to prove. The driver’s prior history matters as well, because the statute treats a second or third offense differently from a first. Clients receive a plain explanation of the penalties that apply to their situation before any court date.
Frequently asked questions
Is a New Jersey DWI a misdemeanor?
No. New Jersey does not classify DWI as a criminal offense under N.J.S.A. 39:4-50. The matter is handled in municipal court as a quasi-criminal, administrative violation.
Which court hears a New Jersey DWI?
Municipal court. New Jersey handles DWI there as a quasi-criminal, administrative violation under N.J.S.A. 39:4-50.
What blood alcohol level counts as DWI in New Jersey?
A blood alcohol concentration of 0.08% or more falls under N.J.S.A. 39:4-50. The statute also covers driving under the influence without a test number.
Does the statute cover drugs?
Yes. It covers narcotic, hallucinogenic, and habit-producing drugs in addition to intoxicating liquor.
Can you go to jail for DWI in New Jersey?
Jail is part of the penalty structure at a second or third offense. The penalties for any offense also include license forfeiture, fines, the Intoxicated Driver Resource Center, and ignition interlock.
I live in New York or Virginia and was charged in New Jersey. What should I do?
Treat the New Jersey court date as mandatory and get advice from a lawyer admitted in New Jersey. Mr. Sris is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Call (888) 437-7747 to schedule a consultation.
About the attorney
Mr. Sris founded the firm in 1997 and is a former prosecutor. He is admitted in Virginia, Maryland, the District of Columbia, New Jersey, and New York. Mr. Sris and the firm’s Of Counsel attorneys have documented 4,739+ case results across all practice areas since 1997. Results may vary; prior outcomes do not guarantee a similar result.
New Jersey location: 44 Apple St, 1st Floor, Tinton Falls, NJ 07724. By appointment. Call (888) 437-7747 to schedule.
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Attorney advertising. Prior results do not guarantee a similar outcome.