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New Jersey DWI Accident Causing Injury

If there was an accident causing injury, the driver could be charged with a separate crime of aggravated assault by auto even if you did not intend to injure somebody. The mere fact that you may have been reckless when you caused that accident is enough to charge you with the aggravated assault by auto.

The prosecution must prove the following elements:

  • The defendant was under the influence of alcohol or drugs
  • The defendant was either physically  or legally intoxicated

New Jersey does not have a per se drug amount, but in an accident causing serious bodily injury or even death , officers would order an analysis to determine how much of a drug was in the defendant’s system.


If a person drives an automobile while under the influence of alcohol or drugs and they cause an accident that results in serious bodily injury, this offense will be charged as a crime of the fourth degree. If convicted, you could face:

  • Up to 18 months in jail
  • The penalties associated with a DWI

If the accident causing injury happened in a school zone or a school crossing, even if children weren’t present or school was out, then that becomes a crime of the second degree, which is punishable by 5 to 10 years in state prison.