In New Jersey, a conviction for driving under the influence (DUI) will go on your permanent record. Additionally, since New Jersey classifies DUI as a traffic offense rather than a crime, DUI convictions are not eligible for expungement. These are two of many reasons why it is important to hire an experienced New Jersey DUI lawyer to fight your case by all means available.
If you have been arrested for driving under the influence (DUI) in New Jersey, there are several critical facts you need to know. One of these facts is that a DUI conviction will go on your permanent record. This can have costly consequences for years—if not decades—to come, and this alone is reason enough to hire an experienced New Jersey DUI lawyer to represent you.
Will a Drunk Driving Conviction Show Up on My Permanent Record?
Driving under the influence (DUI) is classified as a traffic offense under New Jersey law. This has two important implications for drivers who are facing DUI charges in the Garden State.
First, as we mentioned above, a DUI conviction will go on your permanent record. This means that your DUI conviction will show up on background checks going forward. It also means that if you get another DUI in the next 10 years, you will be subject to being prosecuted as a repeat offender.
Second, while many criminal convictions are eligible for expungement in New Jersey, convictions for traffic offenses are not. As a result, not only will your DUI go on your permanent record, but you will not be able to have it removed from your record in the future.
Will a DUI Still Go on My Permanent Record if I Plead Guilty Instead of Getting Convicted in Court?
Some people mistakenly assume that pleading guilty will minimize the consequences of a DUI arrest. This is not the case. Pleading guilty results in a conviction, just like being found guilty at trial.
If you plead guilty, this will eliminate your ability to fight your DUI charge. Regardless of the facts of your case, you have options available. Even though a DUI is not a criminal offense in New Jersey, prosecutors must still be able to prove your guilt beyond a reasonable doubt. If prosecutors do not have the evidence they need to meet their burden of proof, you are entitled to have your DUI charge dismissed. As discussed below, negotiating a plea bargain could be an option in your case as well.
How Can I Avoid a DUI Conviction in New Jersey?
There are three primary options for avoiding a DUI conviction following a drunk driving arrest in New Jersey. An experienced New Jersey DUI lawyer will be able to help you decide which option (or options) to pursue based on the facts of your case:
1. Fight for a Pre-Trial Dismissal
One option is to fight to have your DUI charge dismissed before trial. You may be eligible to seek pre-trial dismissal if:
- Prosecutors do not have sufficient evidence to meet their burden of proof
- The prosecution’s evidence is inadmissible due to a violation of your constitutional rights
- Other violations have deprived you of your constitutional right to a fair and speedy trial
Assessing the potential grounds for pre-trial dismissal requires an in-depth understanding of New Jersey’s DUI laws and the constitutional protections that apply during (and after) a DUI arrest. Once you hire an experienced lawyer to represent you, your lawyer will be able to determine if seeking pre-trial dismissal is a viable option.
2. Fight for a “Not Guilty” Verdict at Trial
If you cannot get your DUI charge dismissed during the pre-trial phase of your case, you may have various options for seeking a “Not guilty” verdict at trial. Experienced legal representation is essential here, and you will want to hire an attorney with a proven track record of helping clients avoid unnecessary consequences in court.
3. Negotiate a Plea Bargain
New Jersey began allowing plea bargaining in DUI cases in 2024. If securing a “Not guilty” verdict at trial is unlikely, negotiating a plea bargain could be your best option. While negotiating a plea bargain does not allow you to avoid consequences entirely, it does provide an opportunity to substantially mitigate the consequences of your arrest.
FAQs: Making Informed Decisions About Your New Jersey DUI Case
Will a New Jersey DUI conviction show up on an employment background check?
Since DUI is not a crime in New Jersey, a DUI conviction will not show up on a standard criminal background check. However, it will show up if a prospective employer checks your driving record or conducts a public records search. Since DUIs don’t show up on standard criminal background checks, many employers specifically check for DUIs when screening prospective employees.
How can I avoid having a DUI conviction on my permanent record?
In New Jersey, you can avoid having a DUI conviction on your permanent record by fighting your case or negotiating a plea bargain that results in a reduced charge. Both of these approaches require experienced legal representation.
What if I got caught driving drunk?
Even if you got caught driving drunk, you still have options. You should not plead guilty in this scenario. Instead, you should promptly consult with an experienced New Jersey DUI lawyer who can help you make informed decisions with your long-term best interests in mind.
How Our Lawyers Can Help After a DUI Arrest in New Jersey
Our lawyers have extensive experience helping clients fight DUI charges in New Jersey. If you have been arrested for driving under the influence, we can use our experience to help protect you through every available option. Time is of the essence, so we strongly encourage you to schedule a confidential consultation right away.
Schedule a Confidential Consultation with an Experienced New Jersey DUI Lawyer Today
To schedule a confidential consultation at Helmer, Conley & Kasselman, P.A., call us at 877-435-6371 or contact us online. Once you get in touch, we will arrange a confidential consultation with an experienced New Jersey DUI lawyer as soon as possible.