Sutnick & Sutnick Attorneys at Law

What happens after a first DUI arrest in New Jersey?

On Behalf of | Jan 13, 2026 | Drunk Driving |

A first DUI arrest in New Jersey can disrupt your life quickly. The law imposes mandatory penalties, the court process moves fast and the outcome can affect your driving record for years. When you understand what happens next, you can prepare for each stage and avoid mistakes that worsen the situation.

How New Jersey law defines DUI offenses

DUI cases are governed by N.J.S.A. 39:4-50 that defines driving while intoxicated and sets out penalty tiers based on blood alcohol concentration. Under this law, you can be charged if your BAC is .08% or higher or if police claim you were impaired by alcohol or drugs.

The immediate steps after your arrest

After the police process you, they issue summonses and release you with a future court date. Municipal court handles your case because New Jersey treats DUI as a traffic offense rather than a felony. Despite that classification, the penalties remain severe.

You attend an arraignment as your first court appearance. The judge reads the charges and asks for your plea. Most first-time defendants plead not guilty at this stage. This plea gives you time to review the evidence before you decide how to move forward.

Discovery, motions and possible trial

After arraignment, the case moves into discovery. During this phase, the state provides evidence such as breathalyzer results, police reports and video recordings. Your defense reviews whether officers conducted the stop lawfully, administered tests correctly and gathered evidence that meets legal standards.

Because New Jersey limits plea bargaining, some cases move to trial when meaningful issues exist. Other cases resolve through motions or negotiations that address penalties rather than guilt.

Penalties for a first DUI offense

For a first-time offense involving a lower blood alcohol concentration, New Jersey law still requires the court to impose specific penalties even when no one suffers injury. For a BAC under .15%, penalties may include:

  • Fines: $250 to $400.
  • Jail exposure: Up to 30 days.
  • License impact: Suspension or ignition interlock device.
  • IDRC: 12 to 48 hours of mandatory classes.

A DUI stays on your driving record permanently and can increase penalties for any future offense.

Consider speaking to an attorney

A first DUI charge carries long-term consequences even for someone with no prior record. An attorney can evaluate whether the evidence complies with New Jersey law, identify weaknesses and explain realistic outcomes.

Archives