Can I Drive in New Jersey While My DUI Is Pending In Court?

You can continue to drive while awaiting the outcome of your DUI charge, unless your driver’s license is suspended for another reason.

Once you either plead guilty or are found guilty of a DUI, you cannot drive under any circumstances during the period of suspension. While other states offer “temporary” licenses to commute to work, this option is not available in New Jersey.

Very simply, you cannot drive during your period of suspension.

IF YOUR DRIVING PRIVILEGES HAVE BEEN REVOKED AND YOU ARE CAUGHT DRIVING DURING THIS PERIOD OF SUSPENSION (DEPENDING ON YOUR DRIVING HISTORY), UNDER SUBSECTION (1B) OF NJSA 2C:40-26 YOU WILL FACE A MANDATORY MINIMUM PUNISHMENT INVOLVING A ONE YEAR LICENSE SUSPENSION AND A MANDATORY PERIOD OF 180 DAYS IN JAIL (NO EXCEPTIONS). ​

Below, please find the New Jersey law regarding the operation of a motor vehicle during period of license suspension – fourth degree:

  • NJSA 2C:40-26(1a)

It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if 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) and the actor had previously been convicted of violating R.S.39:3-40 while under suspension for that first offense. A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.

  • NJSA 2C:40-26(1b)

It shall be a crime of the fourth degree to operate a motor vehicle during the period of license suspension in violation of R.S.39:3-40, if 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). A person convicted of an offense under this subsection shall be sentenced by the court to a term of imprisonment.

It is not worth it to risk driving while your license is suspended.  the penalties and fines are too harsh. We recommend that you either walk, ride your bike, carpool or take public transportation!

We only practice criminal defense and we only practice in New Jersey. Helping clients is our passion. Helping people accused of committing criminal offenses is why we became defense attorneys. We pride ourselves in outworking other lawyers through our exhaustive preparation and absolute determination to get the best possible results for all of our clients.

More to explore

This Post Has One Comment

Leave a Reply

Close Menu