Arrested for DUI or DWI in New Jersey? You Have a Right to Fight the Charge

A DUI conviction in New Jersey can cost you more than just your license. It can affect your job, your insurance rates, and your ability to move freely—especially if you rely on a car to get to work or care for your family. Even a first-time offense carries mandatory penalties under N.J.S.A. 39:4-50, including fines, ignition interlock requirements, and potential jail time.

At Ratliff Jackson LLP, we defend drivers across Cherry Hill and Camden County charged with DUI, DWI, or refusal to submit to a breath test. Whether this is your first arrest or a repeat offense, we fight to protect your license, your record, and your future.

What Counts as a DUI or DWI in New Jersey?

New Jersey law doesn’t distinguish between DUI (driving under the influence) and DWI (driving while intoxicated). Charges apply if:

• Your blood alcohol content (BAC) is 0.08% or higher
• You show signs of impairment due to alcohol, marijuana, or drugs
• You refuse to submit to a breathalyzer or chemical test
• You’re underage and operate a vehicle with any detectable alcohol
• You’re a commercial driver (CDL) with BAC of 0.04% or higher

Officers may also base the charge on field sobriety tests, dashcam footage, or witness statements—regardless of BAC.

Penalties for DUI in New Jersey (2025)

DUI penalties in New Jersey are tiered based on BAC, prior history, and whether you refused testing:

First Offense:

• BAC 0.08–0.10%: License suspension until ignition interlock installed; fines up to $400
• BAC 0.10–0.15%: Interlock required for 7–12 months; possible jail time
• BAC over 0.15% or refusal: 4–6 month license suspension + interlock for up to 15 months

Second Offense (within 10 years):

• 1–2 year license suspension
• 48 hours in jail (mandatory), up to 90 days
• Interlock for 2–4 years
• Community service and DMV surcharges

Third or Subsequent Offense:

• 8-year license suspension
• Mandatory 180 days in jail
• Up to $1,000 in fines
• 12-48 hours at the intoxicated Driver Resource Center (IDRC)

Common DUI Defense Strategies We Use

We build every DUI defense around the facts, including:

• Challenging the traffic stop (lack of probable cause)
• Suppressing breath or blood test results due to improper calibration or administration
• Invalid field sobriety tests (especially if done on uneven terrain or with a medical condition)
• Unlawful arrest procedures or failure to advise of implied consent law
• Rising BAC defense (alcohol absorbed after the stop)
• Alternative explanations for behavior mistaken as impairment

Our goal is to have the charge dismissed, downgraded, or resolved with minimal consequences.

Where We Handle DUI Cases in South Jersey

We appear regularly in:

• Cherry Hill Municipal Court
• Camden City, Pennsauken, Gloucester Township, and Voorhees courts
• Camden County Superior Court (if additional indictable offenses apply)
• Burlington and Gloucester County courts
• DMV hearings for license suspension review

We also assist with expungement of related non-DUI charges when eligible.

DUI FAQs for New Jersey Drivers

Can I get a DUI even if I wasn’t over the legal limit?
Yes. You can be charged with DUI based on signs of impairment—even if your BAC is below 0.08%. This often happens with marijuana, prescription drugs, or combined substances.

What happens if I refused the breathalyzer test?
Refusal triggers separate penalties, including license suspension, even if you weren’t intoxicated. We may challenge the refusal based on lack of consent or improper procedure.

Will a DUI conviction stay on my record forever?
Yes. In New Jersey, DUI is a traffic offense, not a criminal one, but it cannot be expunged. It stays on your driving record permanently and can be used to enhance penalties for future offenses.

Is jail time mandatory for a first DUI offense?
Not always. Jail is possible, especially with BAC over 0.10% or refusal, but many first-time offenders avoid incarceration with proper legal defense.

Can I drive if I install an ignition interlock device?
Yes. Most drivers convicted of DUI can regain driving privileges early if they install a state-approved interlock device. We help you navigate that process and meet all DMV requirements.

Speak to a Cherry Hill DUI Defense Lawyer Today

A DUI arrest is not a conviction. At Ratliff Jackson LLP, we help drivers in Cherry Hill and across South Jersey fight DWI and refusal charges with precision and urgency. We challenge bad stops, flawed tests, and inflated charges—so you can protect your record, your license, and your livelihood.

To speak with an experienced DUI attorney, call (856) 209-3111 or email [email protected]. The sooner you act, the stronger your defense will be.