Is a DWI a felony in New Jersey?
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There is no felony DWI in New Jersey — it is not a crime at all. New Jersey is the state where the question has a different answer from everywhere else: DWI is not a crime there, and so it cannot be a felony. It sits in the Motor Vehicle Code rather than the Code of Criminal Justice, and the state Supreme Court has said so directly — twice. In State v. Hamm the court held that New Jersey "has never recognized a right to trial by jury for the motor-vehicle offense of DWI" and that it "is simply not a crime under New Jersey law"; in State v. Denelsbeck it reaffirmed that for a third or subsequent offence, while warning that the legislature had reached the outer limit of what is permitted without a jury trial. The practical consequences run both ways. There is no jury, because there is no crime. There is also no criminal record, and no loss of the civil rights that follow a felony. But a third offence still carries 180 days of confinement, a ten-year licence suspension and an interlock requirement of one to three years — penalties heavier than a misdemeanour conviction in many states that do call it a crime.
Written any number of ways — a 3rd DWI, a DWI 3rd, a felony DWI, or simply a DWI in NJ — and the paperwork will use none of them. New Jersey charges it under a section number, and that is what decides the range below.
Grade. Motor vehicle offence, not a crime
Confinement. Up to 180 days even on a third or subsequent offence
Fine. Fines, assessments and surcharges — no criminal record
State v. Denelsbeck, 225 N.J. 103 (2016); State v. Hamm, 121 N.J. 109 (1990) · N.J.S.A. 39:4-50(a); State v. Hamm, 121 N.J. 109, 112 (1990); State v. Denelsbeck, 225 N.J. 103 (2016) · checked 2026-09-06
The device is a separate track
New Jersey ties the interlock term to your blood alcohol reading, not just to the fact of a conviction. Since 2024 you may fit a device voluntarily after arrest and before conviction, which can cut the fine and shorten the suspension. Skip it and the court must suspend your license indefinitely until you install one — the device is what gets you driving again.
In New Jersey the interlock term runs 3–15 months and is administered by New Jersey Motor Vehicle Commission, on the sentencing court order — which is why a plea that settles the criminal case does not settle the device. What counts as a violation on it, and what an agency adds to the term, is its own arithmetic: violations and lockouts. Getting it off at the end is a procedure of its own too — removal and waivers.
Source: New Jersey Motor Vehicle Commission, on the sentencing court order
New Jersey DWI questions
Is a DWI a felony in New Jersey?
There is no felony DWI in New Jersey — it is not a crime at all. New Jersey is the state where the question has a different answer from everywhere else: DWI is not a crime there, and so it cannot be a felony. It sits in the Motor Vehicle Code rather than the Code of Criminal Justice, and the state Supreme Court has said so directly — twice. In State v. Hamm the court held that New Jersey "has never recognized a right to trial by jury for the motor-vehicle offense of DWI" and that it "is simply not a crime under New Jersey law"; in State v. Denelsbeck it reaffirmed that for a third or subsequent offence, while warning that the legislature had reached the outer limit of what is permitted without a jury trial. The practical consequences run both ways. There is no jury, because there is no crime. There is also no criminal record, and no loss of the civil rights that follow a felony. But a third offence still carries 180 days of confinement, a ten-year licence suspension and an interlock requirement of one to three years — penalties heavier than a misdemeanour conviction in many states that do call it a crime.
What does a 3rd DWI in New Jersey carry?
Motor vehicle offence, not a crime: up to 180 days even on a third or subsequent offence, and a fine of fines, assessments and surcharges — no criminal record. The range is set by N.J.S.A. 39:4-50(a); State v. Hamm, 121 N.J. 109, 112 (1990); State v. Denelsbeck, 225 N.J. 103 (2016), and the figures on this page come from the statute rather than from a summary of it.
Does an interlock come with it in New Jersey?
New Jersey ties the interlock term to your blood alcohol reading, not just to the fact of a conviction. Since 2024 you may fit a device voluntarily after arrest and before conviction, which can cut the fine and shorten the suspension. Skip it and the court must suspend your license indefinitely until you install one — the device is what gets you driving again. The device requirement and the criminal penalty are separate tracks: one is handled by the court, the other by New Jersey Motor Vehicle Commission, on the sentencing court order.
Other steps in New Jersey: first offense penalties and second offense penalties.
All New Jersey DWI rules →Penalties across the states →New Jersey DUI lawyers →Getting the license back →
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