If you’ve been arrested for a DUI in New Jersey that involved an accident, you’re likely feeling overwhelmed and unsure of what comes next. It’s not always clear whether you’re facing a typical DUI or something more serious. When a DUI leads to an accident—especially one involving injuries or major property damage—the legal consequences can quickly escalate.

Here’s what you need to know about how these cases are handled in New Jersey, what charges you might face, and why building the right legal defense matters.

Is a DUI Always a Felony in New Jersey?

In New Jersey, a DUI is generally considered a serious traffic offense—not a criminal one. But that changes when certain factors come into play. If someone is hurt, if you’ve had prior DUI convictions, or if you were driving with a suspended license, the charge can escalate into what’s known as an indictable offense.

While the term “felony” isn’t used in New Jersey law, an indictable offense carries similar weight. These are handled in Superior Court and can result in prison time, a permanent criminal record, and other lasting consequences.

When a DUI Becomes a More Serious Crime

Not every DUI case ends at the traffic court level. When an accident results in injury, death, or involves other aggravating circumstances, prosecutors may bring much more serious charges.

These situations can significantly raise the stakes:

• Someone is injured or killed in the crash
• The driver was in a school zone or had children in the vehicle
• The driver’s license was suspended—especially for a prior DUI
• The driver left the scene or committed another offense during the incident, such as reckless driving or eluding

When these factors are involved, the case moves beyond routine DUI proceedings and into criminal prosecution, often handled in New Jersey Superior Court with far steeper consequences.

DUI and Assault by Auto Charges in NJ

If someone is injured in a DUI-related crash, prosecutors may file an assault by auto charge. The law treats impaired driving as reckless behavior, and when it causes harm, the charges can escalate quickly.

Here’s how the severity typically breaks down:

• Disorderly persons offense: Minor injury, no DUI involvement
• Fourth-degree crime: Bodily injury while driving under the influence
• Third-degree crime: Serious bodily injury caused while under the influence
• Second-degree crime: Serious injury occurs in a school zone or school crossing

Under New Jersey law:

• Bodily injury means physical pain, illness, or any impairment of physical condition.
• Serious bodily injury involves a substantial risk of death, permanent disfigurement, or long-term impairment of health or bodily function.

Assault by auto cases can lead to prison time, license suspension, and heavy fines—so it’s critical to respond with a proactive defense strategy from the start.

Vehicular Homicide (Death by Auto)

If someone dies in a DUI-related crash, prosecutors may charge the driver with vehicular homicide, also known in New Jersey as death by auto. This is usually classified as a second-degree indictable offense, which carries a prison sentence of 5 to 10 years.

In cases involving certain aggravating factors—such as driving in a school zone, having a prior DUI conviction, or driving with a suspended license—the charge may be elevated to a first-degree offense. While these circumstances don’t automatically lead to a higher charge, they often prompt a more aggressive approach by prosecutors and carry much steeper penalties.

Other Circumstances That Could Elevate the Charges

Even if the accident didn’t cause serious injuries, other factors can significantly raise the severity of your case.

These include:

• Driving with a license that was suspended because of a prior DUI
• Leaving the scene of a crash involving injury or property damage
• Having a child in the car at the time of the arrest

Any of these circumstances can result in additional criminal charges, longer jail sentences, or stricter penalties like ignition interlock requirements. If a child was in the vehicle, you could also face child endangerment charges—which New Jersey courts treat with the utmost seriousness.

Can You Be Charged If the DUI Crash Wasn’t Your Fault?

Just because you’ve been charged with a DUI doesn’t mean you caused the accident. Many crashes involve more than one vehicle, and the other driver’s actions—like speeding, running a stop sign, or texting—may have played a major role.

Proving fault takes more than showing someone was impaired. A strong defense often includes reviewing dashcam footage, analyzing the scene and vehicle damage, and working with accident reconstruction professionals to uncover what really happened.

Importantly, a DUI charge doesn’t cancel out another driver’s negligence. You still have the right to challenge the narrative and make sure all facts are considered.

The Long-Term Impact of a Felony DUI Charge

A conviction for an indictable offense can change your life in ways you might not expect. Possible outcomes include:

• Time in prison
• Loss of driving privileges
• A permanent criminal record
• Trouble finding or keeping a job
• Difficulty securing housing or professional licenses
• Immigration issues if you’re not a U.S. citizen

Even if you’re not convicted, the process itself can be legally, emotionally, and financially draining.

What to Do if You’ve Been Arrested

If you’ve been charged with DUI after an accident, what you do next can have a major impact on your case. The decisions you make early on can affect everything from your driving privileges to the outcome in court.

Here are a few steps to help protect yourself:

• Don’t speak with police or investigators without a lawyer present. Even if you think explaining your side might help, it’s easy to say something that could be used against you.
• Stay off social media. Posts, comments, or photos can be taken out of context and may be used as evidence.
• Get legal guidance right away. A criminal defense attorney who handles DUI and indictable charges in New Jersey can help you understand the situation and what options you may have.

A knowledgeable lawyer will look at how the stop and arrest were handled, examine the evidence—including any breath or blood tests—and work to identify any weaknesses in the case. Depending on the circumstances, they may be able to challenge a license suspension or seek to have the charges reduced.

You Don’t Have to Go Through This Alone

Facing DUI charges after an accident involving injury or death can be overwhelming. But you’re not expected to navigate this alone. The sooner you understand your options and connect with the right legal guidance, the more control you’ll have over what happens next.

Talk to a South Jersey DUI Defense Lawyer at The Law Office of John B. Brennan

If you’ve been charged after a DUI-related crash in New Jersey, talk to a defense lawyer as soon as you can. The Law Office of John B. Brennan represents clients in Burlington County, Camden County, Gloucester County, Mercer County, and Atlantic County—including Cherry Hill, Mount Holly, Camden, Hamilton, Vineland, and beyond.

Reach out for a confidential consultation to better understand your situation and your legal options moving forward.

Disclaimer: This blog is for informational purposes only and does not constitute legal advice. Reading this content does not create an attorney-client relationship with The Law Office of John B. Brennan. Legal outcomes depend on the specific facts of each case. If you are facing charges or have legal questions, consult a qualified criminal defense attorney licensed in New Jersey.