Is a DUI a felony in New Jersey?

New Jersey law considers DUI a traffic offense rather than a criminal offense. However, a motorist who drives under the influence of drugs or alcohol may be charged with an indictable offense (also referred to as a felony) if their case involves certain aggravating factors, such as:

  • Driving with a license that was revoked due to a DUI conviction
  • Driving with a child in the vehicle, which can lead to a charge of endangering the welfare of a child
  • Causing an accident that results in serious bodily injury, which may support a charge of assault by auto
  • Causing an accident that results in someone‚Äôs death, which can lead to a vehicular homicide charge