Legal Question in DUI Law in New Jersey

The statute of limitations which applies is one year.

Call me if you like.

The general rule is:

N.J.S.A. 39:5-3: NJ Statute of Limitation for a Traffic Summons

The general rule is that a motor vehicle summons must be issued within thirty (30) days of the related violation otherwise there is no authority to convict. However, there are certain violations of the traffic law that may be filed outside of the normal limitation period. The offenses and related statute of limitation are as follows:

Offense Name/ Statute Time Limit

Drunk Driving 39:4-50 / 90 days

Refusal 39:4-50.4a/ 90 days

DWI CDL 39:3-10.13/ 90 days

CDL Refusal 39:3-10.24/ 90 days

Boating DWI 12:7-46/ 90 days

Boating Refusal 12:7-57/ 90 days

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer:

You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Please be aware that the above comments are neither protected by attorney-client privilege, nor may be the basis for a malpractice lawsuit should the suggestion be followed with undesirable results.

The State has 90 days from the day of the incident to charge an individual with DWI.