Driving under the influence is already a crime, but if you injure someone else in a DUI-related accident, you may be charged with assault by auto. If convicted, you could face up to a decade in prison and tens of thousands of dollars in fines. Working with a skilled DUI lawyer in New Jersey is the key to protecting your rights.
New Jersey aggressively prosecutes DUI-related offenses. With so much at stake, early legal intervention can make a significant difference. Keith Oliver Law has a proven track record of successfully defending clients across New Jersey, and we’re ready to help you. Don’t risk facing these serious felony charges alone. Contact our firm for a free case review and find out how we can leverage our legal and local knowledge to build your defense.
What Is DUI-Related Assault by Auto?
Under New Jersey law, DUI-related assault by auto (N.J.S.A. 2C:12-1c.(1)) is a criminal offense that occurs when a person causes someone injury while recklessly operating a vehicle under the influence of alcohol or drugs. There are four degrees of assault by auto, depending on how badly the victim was injured and how or where the accident happened.
Recklessness is a key element of assault by auto charges. In some cases, driving while intoxicated could be considered reckless behavior. This means that even if you didn’t intend to hurt anyone, you could still face serious criminal charges if someone was injured in your DUI-related accident.
DUI-related assault by auto differs from a standard New Jersey DUI charge (N.J.S.A. 39:4-50). While a typical DUI is usually a motor vehicle violation, assault by auto is a felony-level offense—even if the injuries were minor, like bruising or soreness.
Understanding the Degrees of Assault by Auto Charges in New Jersey
Assault by auto charges fall into different degrees: fourth-degree, third-degree, and second-degree indictable offenses (felonies). Each degree comes with its own set of consequences, ranging from potential jail time to mandatory license suspensions.
Fourth-Degree Assault by Auto
You can be charged with fourth-degree assault by auto if you cause bodily injury to another person while driving under the influence of alcohol or drugs. “Bodily injury” refers to any physical pain, illness, or impairment—even relatively minor injuries like bruises or soreness.
Penalties for fourth-degree assault by auto include:
- Up to 18 months in state prison
- Fines up to $10,000
- Mandatory driver’s license suspension
Because New Jersey often considers DUI a form of reckless behavior, even a low-speed accident or minor collision while intoxicated can lead to a felony-level charge.
Third-Degree Assault by Auto
A DUI-related incident rises to a third-degree assault by auto charge when the accident results in serious bodily injury. “Serious bodily injury” involves injuries that create a “substantial risk of death,” cause permanent disfigurement, or lead to the loss or impairment of a bodily function.
Penalties for third-degree assault by auto may include:
- Three to five years in state prison
- Up to $15,000 in fines
Third-degree crimes in New Jersey don’t always require prison time for first-time offenders, but DUI-related accidents are different. Prosecutors often push for jail time due to the reckless and preventable nature of drunk driving.
Second-Degree Assault by Auto
Second-degree assault by auto carries the most serious penalties. You can be charged with this crime when your accident occurs in a school zone or at a school crossing and you cause serious bodily injury. It doesn’t matter if school was in session or if any children were present—it’s a strict liability crime. In other words, the location is the determining factor, rather than your intent or knowledge.
Penalties for second-degree assault by auto include:
- Five to 10 years in state prison
- A presumption of incarceration
- No parole eligibility under certain aggravating circumstances
Because of the setting and potential risk to children and school personnel, these cases are often aggressively prosecuted.
Aggravating Factors That Can Increase Penalties
Even within the degrees outlined above, certain aggravating factors can significantly increase the consequences. These aggravating factors include:
- High blood alcohol content (BAC), typically 0.10 percent or higher
- Repeat DUI offenses or an existing criminal record
- Driving on a suspended license or without auto insurance
- Speeding, street racing, and other reckless behaviors
- Injuring a minor, pedestrian, or multiple victims
- Refusing to submit to a breath test
- Causing permanent disability or disfigurement
These factors may prompt the prosecution to seek enhanced sentencing or argue against leniency, even if you have a clean criminal record free of traffic offenses. In some situations, prosecutors may also seek additional charges. These typically include endangering the welfare of a child, eluding law enforcement, or leaving the scene of an accident.
If any of these circumstances apply to your case, it’s essential to work with an experienced New Jersey DUI defense lawyer who can help minimize the potential fallout.
Potential Defenses Against DUI-Related Assault by Auto Charges
Facing DUI-related assault by auto charges in New Jersey can feel overwhelming, but it’s important to remember that a charge doesn’t always result in a DUI conviction. A skilled DUI lawyer in New Jersey can evaluate every angle of your case and identify strong legal defenses. Depending on the facts of your case, your attorney may be able to reduce or minimize your charges.
Common defenses range from challenging whether you were actually driving under the influence, disputing the injury’s cause (or if there were injuries at all), and arguing that law enforcement or the prosecution violated your constitutional rights.
Challenging BAC Results
One of the most common defenses in DUI-related cases is to challenge the accuracy of breath or blood test results. Breathalyzers must be maintained and calibrated under strict guidelines. If the device was faulty or the test was administered incorrectly, your attorney may be able to suppress that evidence. Similarly, blood samples must be properly collected, stored, and tested to prevent contamination and ensure a secure chain of custody.
Questioning Causation
To convict someone for assault by auto, prosecutors must prove that the defendant’s impaired driving directly caused the injury.
In some cases, other factors—including poor weather, mechanical failure, or another driver’s actions—may have contributed to the accident. If the prosecution cannot prove beyond a reasonable doubt that the DUI caused the injury, the charges may be dismissed, reduced, or result in acquittal.
Disputing Recklessness
Your attorney may challenge whether you were driving recklessly. For example, if the accident occurred under circumstances where you were otherwise acting cautiously and obeying traffic laws, the prosecution’s charges may not stand. Establishing that the incident was a genuine accident, not the result of reckless conduct, can be a powerful defense.
No Serious Injury
For more serious degrees of assault by auto, the prosecution must prove that the victim suffered “serious bodily injury.” If the injuries did not result in permanent disfigurement, impair bodily functions, or create a substantial risk of death, your DUI defense attorney can argue for the charges to be reduced.
Constitutional Violations
If your constitutional rights were violated, such as an illegal traffic stop or an unlawful search and seizure, any evidence obtained as a result of those violations may be inadmissible in court. Your attorney can file a motion to suppress that evidence. These motions can weaken the prosecution’s case or potentially lead to the case being dismissed.
How We Build Your Defense
When you work with Keith Oliver Law, our team will thoroughly investigate and review all evidence to find weaknesses or inconsistencies. This typically includes:
- Police reports
- Dashcam or body camera footage
- Accident reconstruction data
- Witness statements
- Medical records
Whether we negotiate a plea or fight for you at trial, our goal is always to protect your rights and minimize the consequences you may face. While DUI-related assault by auto charges are serious, the right defense can make all the difference.
Why Choose Our New Jersey Criminal Defense Attorneys?
When you’re facing a DUI-related assault by auto charge in New Jersey, you need a defense attorney who takes immediate, strategic action. Keith Oliver Criminal Law is led by a former prosecutor who now uses that insider perspective to defend clients accused of serious offenses.
We focus exclusively on criminal defense, which gives us a deep understanding of New Jersey’s DUI laws, local court procedures, and the aggressive tactics that prosecutors often employ. With decades of combined experience, we’ve built strong working relationships with local prosecutors and judges. We use that knowledge to tailor our defense strategies for each client and jurisdiction.
When we take on a new client, we act fast to review police reports and challenge the evidence. Our track record includes charge reductions, not-guilty verdicts, and favorable plea deals—even in the most challenging cases involving serious injuries. The sooner you reach out, the more we can do to protect your rights and your future.
Contact Our Criminal Defense Lawyers for Help
If you’re facing DUI-related assault by auto charges, there’s no time to lose. Your freedom and future are on the line—but the legal team at Keith Oliver Law is ready to help. We’ll work hard to protect your rights and fight to minimize the life-altering consequences that can come with criminal charges. Call us today for a free consultation.