DUI / DWI Defense in New Jersey

New Jersey calls drunk driving "DWI" rather than "DUI" and treats it as a traffic offense rather than a criminal charge, meaning there is no jury trial right and no possibility of plea bargaining to a lesser offense in most courts. This creates a unique defensive landscape. First offense DWI penalties include $250-$400 in fines, 12-48 hours in the Intoxicated Driver Resource Center (IDRC), and up to 30 days jail. Attorney fees for first DWI range from $5,000-$8,000 — high because every case goes to trial (prosecutors cannot plea bargain). Ignition interlock devices are now mandatory for all first-time DWI convictions. Refusal to submit to a breath test is a separate offense carrying penalties equivalent to or greater than the underlying DWI. Second and third offenses carry substantially enhanced penalties including mandatory jail time and license suspension up to 10 years. Municipal court judges handle DWI cases, and each municipality can have different procedural customs.