Driving While Suspended for DWI or Refusal (Criminal) in New Jersey

N.J.S.A. 2C:40-26 · License, Registration & Insurance Offenses

What the law says

A person commits a fourth degree crime by operating a motor vehicle in violation of R.S.39:3-40 while their license is suspended or revoked for a qualifying violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a). The statute covers a first qualifying violation when the person has a prior conviction for driving while suspended for that first offense, and also a second or subsequent qualifying violation.

This is an indictable crime. It's prosecuted in the Superior Court, Criminal Part, in the county where it allegedly happened, usually after grand jury review. First-time defendants may be eligible for Pretrial Intervention (PTI).

What the State must prove

To convict, the prosecutor must prove each element beyond a reasonable doubt. Under N.J.S.A. 2C:40-26, that means:

• The actor operated a motor vehicle during a period of license suspension in violation of R.S.39:3-40.
• For the first-violation form, the actor’s license was suspended or revoked for a first violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a).
• For the first-violation form, the actor had previously been convicted of violating R.S.39:3-40 while under suspension for that first offense.
• For the other form, the actor’s license was suspended or revoked for a second or subsequent violation of R.S.39:4-50 or section 2 of P.L.1981, c.512 (C.39:4-50.4a).

How the charge is graded

• Under subsection a., it shall be a crime of the fourth degree.
• Under subsection b., it shall be a crime of the fourth degree.

Penalties in the statute

• A person convicted under subsection a. shall be sentenced by the court to a term of imprisonment.
• A person convicted under subsection b. shall be sentenced by the court to a term of imprisonment.
• The sentence imposed shall include a fixed minimum sentence of not less than 180 days during which the defendant shall not be eligible for parole.
• The fixed minimum sentence applies notwithstanding the term of imprisonment provided under N.J.S.2C:43-6 and the provisions of subsection e. of N.J.S.2C:44-1.

General sentencing ranges

Unless a statute sets a different penalty, New Jersey's general sentencing laws (N.J.S.A. 2C:43-6, 2C:43-8, and 2C:43-3) set these maximums:

MVC points and surcharges

• MVC insurance surcharge: $250 a year for three years ($750 total) for driving while suspended.
• Collecting 6 or more points within three years brings a surcharge of $150 plus $25 for each additional point, and 12 or more points leads to a license suspension.

Common defense strategies

Every case turns on its facts, but defenses we often explore include:

• Proving the license, insurance, or registration was valid on the date of the stop
• Showing you never received notice of a suspension
• Correcting MVC record errors before trial
• Negotiating to reduce surcharges and suspension exposure

What to do right now

1. Don't pay the ticket online. Paying is a guilty plea.
2. Check your driver history abstract so you know your current points.
3. Keep the summons and write down what happened at the stop.
4. Tell your lawyer if you hold a CDL or already have points or suspensions.
5. Call before your court date. Many tickets can be resolved without you missing work.

How we help

Edward G. Appel has defended New Jersey clients since 1988 in municipal and Superior Courts in all 21 counties. We review the discovery, look for weaknesses in the State's case, file motions where they're warranted, and push for dismissals, downgrades, or diversion before you face a trial. Call 856-856-2373 for a free, confidential consultation about your Driving While Suspended for DWI or Refusal (Criminal) charge.

Related charges

• Driving While Suspended →
• Driving Without a License →
• Driving Without Insurance →
• Driving an Unregistered Vehicle →
• Fictitious or Altered Plates and Documents →
• Failure to Exhibit License, Registration, or Insurance →

Disclaimer: This page is general information about New Jersey law, not legal advice, and doesn't create an attorney-client relationship. Prior results don't guarantee a similar outcome.