DUI Accidents in New Jersey: Criminal Charges and Civil Lawsuits Explained

Facing DUI charges after an accident, especially one involving injuries, can be overwhelming. The potential loss of your license, jail time, and civil lawsuits may weigh heavily on you. At Rudnick, Addonizio, Pappa & Casazza PC, we understand the challenges you’re facing and are committed to providing the clarity and robust defense needed to navigate this difficult time.

Criminal Consequences of DUI Accidents in New Jersey

New Jersey enforces strict penalties for DUI offenses, whether or not an accident occurs. However, when accidents lead to injuries or fatalities, the legal consequences are even more severe.

Basic DUI Penalties

For first-time offenders without an accident, the penalties may include:

• Fines: BAC levels between .08% and .10% incur fines of $250 to $400, while levels of .10% or higher bring fines of $300 to $500.
• License Suspension: The suspension lasts until an ignition interlock device is installed, which must remain for 3 to 12 months depending on BAC.
• Jail Time: Up to 30 days in jail, with more severe penalties for repeat offenders.
• Additional Penalties: Offenders must attend mandatory alcohol education programs and install ignition interlock devices.

Implied Consent Penalties

New Jersey’s implied consent laws require drivers to submit to breathalyzer or chemical tests when lawfully stopped. Refusing these tests results in:

• Fines between $300 and $500 for a first refusal.
• A mandatory license suspension until an ignition interlock device is installed.
• Mandatory attendance at an Intoxicated Driver Resource Center.

Zero-Tolerance Policy for Underage Drivers

New Jersey enforces a zero-tolerance policy for drivers under 21. A BAC of .01% or higher may lead to:

• 30-90 days of license suspension.
• 15-30 days of community service.
• Participation in alcohol and traffic safety programs.

Increased Penalties for DUI Accidents

When accidents occur under the influence, penalties are more severe, especially in cases involving injury or death. Certain aggravating factors, such as driving with a minor or being a repeat offender, further escalate these penalties:

• Assault by Auto: If someone is injured, charges range from a fourth-degree to a second-degree crime, with penalties including up to 10 years in prison and fines up to $150,000.
• Vehicular Homicide: Fatal accidents lead to vehicular homicide charges, with up to 10 years in prison. Under the No Early Release Act (NERA), 85% of the sentence must be served before you can become eligible for parole.
• Child Endangerment: DUI with a minor in the vehicle leads to additional charges and more severe consequences.
• Multiple Offenses: Repeat offenders face harsher sentences, extended license suspensions, and steeper fines.

Civil Liability in DUI-Related Accidents

In addition to criminal charges, DUI accidents may also lead to civil lawsuits. Injured parties often seek compensation for medical expenses, lost wages, pain and suffering, and more.

Personal Injury Claims

Injured victims may file personal injury claims seeking compensation for:

• Medical Expenses: Coverage for immediate and long-term medical treatments, surgeries, and rehabilitation.
• Lost Wages: Compensation for both immediate lost income and any future earnings that may be impacted.
• Pain and Suffering: Victims may also pursue compensation for emotional and physical distress caused by the accident.

Under New Jersey law, driving under the influence is considered negligence per se. This simplifies the plaintiff’s case, as proving intoxication often establishes liability, making defense challenging.

Wrongful Death Claims

In fatal accidents, the victim’s family may file wrongful death claims seeking damages for:

• Funeral and burial expenses.
• Loss of financial support.
• Loss of companionship and emotional suffering.

Punitive Damages

In particularly egregious cases, such as driving with a suspended license or reckless behavior, victims may seek punitive damages. Unlike compensatory damages, which are intended to reimburse victims for losses, punitive damages serve to punish the at-fault driver and discourage future misconduct. These damages can be awarded when the defendant’s actions demonstrate extreme negligence or a willful disregard for the safety of others, making defense in these cases especially challenging and financially significant for the at-fault party.

The Importance of Legal Representation

The repercussions of a DUI accident are life-altering. Facing both criminal charges and potential civil lawsuits can be overwhelming, but experienced legal representation can make a significant difference in achieving the best possible outcome.

Criminal Defense Attorneys

An experienced DUI defense attorney from Rudnick, Addonizio, Pappa & Casazza PC can:

• Challenge Evidence: Question the validity of breathalyzer or blood test results and dispute claims that you were impaired at the time of the accident.
• Negotiate: Work toward a plea deal to reduce the severity of charges and penalties.
• Protect Your Rights: Ensure that proper procedures were followed during your arrest and that your legal rights are safeguarded.

Civil Defense Attorneys

In civil cases, our attorneys will work to minimize your liability by:

• Challenging Injury Claims: We’ll assess the validity of the alleged injuries to ensure claims aren’t exaggerated.
• Comparative Negligence Defense: In New Jersey, if the injured party is partially at fault, we can argue for a reduction in your liability under the state’s modified comparative negligence rule.

Next Steps After a DUI Accident

If you’re facing DUI charges following an accident, taking the right steps can greatly influence the outcome of your case:

• Collect Evidence: If possible, gather evidence from the accident scene, including photos, witness contact information, and any relevant medical documentation.
• Consult a Lawyer: Speak with a knowledgeable attorney at Rudnick, Addonizio, Pappa & Casazza PC immediately. We’ll begin working on your defense right away and guide you through both the criminal and civil processes.
• Stay Composed: This is a stressful time, but working closely with your legal team can help you achieve the best possible outcome.

Protect Your Future After a DUI Accident in New Jersey

Being involved in a DUI accident is a serious and potentially life-changing experience. With the possibility of criminal penalties, civil liability, and the loss of your license, the situation can feel overwhelming. However, with the right legal support, you don’t have to face it alone.

Contact Our Experienced New Jersey DUI Defense Attorneys Today

If you’re facing DUI charges after an accident, we are here to help. At Rudnick, Addonizio, Pappa & Casazza PC, we have decades of experience in DUI defense and a deep understanding of New Jersey’s legal system. Our team is dedicated to protecting your rights and guiding you through both criminal and civil proceedings to achieve the best possible outcome.

Don’t wait—contact us today for a free consultation and take the first step toward protecting your future.