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NJ DWI Vehicular Homicide Lawyers
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DWI Vehicular Homicide in New Jersey
(N.J.S.A. 2C:11-5)
Vehicular Homicide Penalties in NJ
Penalties for vehicular homicide in New Jersey are among the harshest in state law. A conviction can mean years in state prison, six-figure fines, lifetime loss of driving privileges, and mandatory service under the No Early Release Act (NERA). The exact punishment depends on factors like whether the case is charged as a second-degree or first-degree offense, whether it occurred in a school zone, or if the driver left the scene of a fatal crash.
Below, we break down each penalty level, so you know what to expect.
Penalties at a Glance
- Second-Degree Vehicular Homicide
- 5–10 years in prison, fines up to $150K
- 85% served before parole (NERA)
- License suspension of 5 years to life
- First-Degree Vehicular Homicide (school zone, drag racing, prior DWI/refusal)
- 10–20 years in prison, fines up to $200K
- 85% served before parole (NERA)
- Lifetime license revocation, possible vehicle forfeiture
- Strict Liability (School-Zone Deaths)
- Third-degree crime: 3–5 years in prison (presumption of incarceration applies)
- Up to lifetime license suspension
- Leaving the Scene (fatal crash)
- Separate second-degree offense: 5–10 years, served consecutively
What the Law Says About Death by Auto in NJ
(N.J.S.A. 2C:11-5)
Under N.J.S.A. 2C:11-5, a driver can be charged with vehicular homicide if:
- Recklessly operating a vehicle, and
- That conduct causes the death of another person.
New Jersey law presumes recklessness if the driver was:
- Intoxicated by alcohol or drugs
- Fell asleep at the wheel (Maggie’s Law), or
- Using a handheld device or driving while distracted.
Even if you did not intend to commit harm, the law treats DWI-related fatalities as criminal homicide.
Vehicular Homicide Penalties in NJ
Second-Degree Vehicular Homicide
- Prison: 5–10 years in state prison
- Fine: Up to $150,000
- NERA applies: must serve 85% before parole eligibility
- License: 5 years to life suspension
- After release: 3 years of parole supervision
First-Degree or School Zone Vehicular Homicide in NJ
- Triggered by:
- Occurring at a school crossing or in a school area
- Involvement in drag racing
- Having a prior DWI or refusal conviction
- Prison: 10–20 years
- Fine: Up to $200,000
- NERA applies: must serve 85% before parole eligibility
- License: Lifetime revocation possible
- Vehicle forfeiture may apply.
- After release: 5 years of parole supervision
Strict Liability Vehicular Homicide in NJ (N.J.S.A. 2C:11-5.3)
- Applies to deaths on or near school property
- Crime level: Third-degree
- Prison: 3–5 years (presumption of incarceration applies)
- License: Up to lifetime suspension
Leaving the Scene of a Fatal Accident in NJ (N.J.S.A. 2C:11-5.1)
- Charge: Second-degree
- Prison: 5–10 years
- The sentence served consecutively to the homicide term.
Defense Strategies
- Causation: timing of death, intervening events, black box inconsistencies.
- Recklessness: challenge statutory inferences or roadway behavior claims.
- Testing: improper Alcotest calibration, blood sample errors, and refusal notice flaws.
- Strict liability: narrow the “but-for” causal link.
- School-area: question designation boundaries or upgrade elements.
- Leaving the scene: identity or knowledge disputes.
Review our guide on Refusing a Breathalyzer in New Jersey (N.J.S.A. 39:4-50.4a).
Review our guide on DWI Testing in New Jersey.
Collateral & Add-On Exposure
- Consecutive sentencing: required if a leaving-the-scene conviction is added.
- Vehicle forfeiture: possible in school-area first-degree cases.
- Civil liability: a wrongful death suit may be filed by the victim’s family.
- Long-term impact: permanent criminal record, employment challenges, insurance issues.
Possible related charges: DWI Third-Degree Assault by Auto in New Jersey.
FAQs About DWI Vehicular Homicide in NJ
Sentences and Penalties
What’s the punishment for vehicular homicide in NJ?
Typically, 5–10 years in prison and up to $150,000 in fines; higher for first-degree cases.
Can my license be taken for life?
Yes. License suspension ranges from 5 years to life if intoxication/refusal is involved.
Does NERA apply?
Yes, for first—and second-degree cases. Offenders must serve 85% of their sentence before being eligible for parole, which is followed by parole supervision.
Review our NERA guide.
What is a statutory minimum?
When intoxication, refusal, or a suspended license is involved, the court must impose a minimum of 3 years or one-third to one-half of the sentence before parole eligibility.
Law and Charges
What is strict liability vehicular homicide?
A third-degree crime where intoxication caused death without proving recklessness.
Is “school zone DWI” still relevant?
The traffic law was repealed, but the homicide statute still upgrades school-area cases to first degree.
What if someone leaves the scene?
Leaving the scene of a fatal crash is a second-degree crime that carries a mandatory consecutive sentence.
Evidence and Defenses
What evidence do prosecutors use?
Crash reconstruction, EDR data, Alcotest or blood results, refusal evidence, and statutory inferences; see NJ Courts model charge.
Is the victim’s negligence a defense?
No. Contributory negligence does not excuse vehicular homicide.
How can an attorney defend against these charges?
By challenging causation, statutory inferences, testing procedures, and school-area elements.
Mini Glossary
- NERA – No Early Release Act (85% of term served; plus 5 years parole for 1st-degree, 3 years for 2nd-degree).
- EDR – Event Data Recorder (black box).
- Alcotest 9510 – NJ’s breathalyzer device.
- NCDD – National College for DUI Defense.
- DWI – Driving While Intoxicated.
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Protect Your Future: Call a NJ Vehicular Homicide Defense Lawyer
Facing a vehicular homicide charge in New Jersey from a DWI accident means the stakes could not be higher — prison, lifetime license loss, and collateral consequences.
A New Jersey DUI attorney at Aiello Harris Abate Law Group PC, includes:
- Certified Alcotest 9510 operators
- NCDD members recognized nationwide in DWI defense
- Experienced trial lawyers serving clients across New Jersey’s county courts
Call us today at (908) 561-5577 or contact us. Your initial consultation will take place over the phone, and you can schedule an appointment at one of our office locations across New Jersey.
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