Felony DWI Attorney in Ocean County

Serious Drunk Driving Charges Demand Focused Help—Secure the High-Level Advocacy You Need

Facing a serious drunk driving charge in Ocean County can threaten your freedom, your license, and your future. If your situation involves injury, prior DWIs, or other aggravating factors, you may be dealing with felony level consequences, not a routine traffic matter. You need clear information and a steady plan, not more fear.

At Law Offices of Stephen Lukach III, we focus our practice on DWI and related criminal defense in New Jersey. Attorney Stephen Lukach has spent more than 20 years defending people accused of impaired driving offenses and is one of only 35 Board Certified Municipal Court Trial Attorneys in the state. We guide clients through complex and high-stakes DWI cases in this area with personal attention at every step.

Protect your freedom from a life-altering felony conviction. Contact a felony DWI attorney in Ocean County at (856) 481-8205 or reach out online for your free consultation. We are available 24/7 to take your call.

Understanding Felony DWI Laws in New Jersey

To navigate your case, you must first understand how a "traffic" DWI elevates to a felony-level criminal charge. In Ocean County, we typically see these charges filed under the New Jersey Code of Criminal Justice (Title 2C) rather than just the Motor Vehicle Code (Title 39).

• Assault by Auto: This is the most common way a DWI becomes a felony. If you are involved in an accident while intoxicated and another person is injured, you face Assault by Auto charges.
• Vehicular Homicide: If a fatality occurs while you are operating a vehicle under the influence, the state will charge you with Death by Auto. This is a second-degree crime punishable by 5 to 10 years in prison. Under the No Early Release Act (NERA), you must serve 85% of your sentence before even being eligible for parole.
• Third-Offense DWI and Beyond: While a third DWI is still technically a traffic offense, it carries a mandatory 180 days in county jail with no possibility of parole. As your Ocean County felony DWI lawyer, we stay ahead of these legislative shifts to protect your rights.

Cases that involve indictable charges typically move from a municipal court into Ocean County Superior Court in Toms River. That change affects the procedures you face, the prosecutors assigned to your matter, and the range of potential sentences. It is common for a person to start with a municipal DWI ticket and later learn that related indictable charges are being evaluated by the Ocean County Prosecutor’s Office.

We regularly guide clients through these shifts between courts. When we meet with you, we discuss whether your current charges are limited to municipal court or whether there are signs that your matter may be reviewed as an indictable case. If you are evaluating a felony DWI attorney in Ocean County, it can be helpful to ask how your case will actually be handled day to day. We welcome those questions and are transparent about our approach.

How We Defend Felony DWI Cases in Ocean County

Every serious DWI case is different, but there are common stages and issues that we see repeatedly. Typically, your case will start with a first appearance in municipal court or, in indictable matters, with proceedings in Ocean County Superior Court. Early hearings often address basic issues like conditions of release and scheduling, but they also set the tone for how the case will be handled.

As discovery materials arrive, we examine the legality of the traffic stop, the way field sobriety tests were conducted, and the procedures used for breath or blood testing. In New Jersey, specific rules govern the operation and maintenance of devices used for chemical testing. If officers or agencies do not follow these requirements, that can affect how the evidence may be used against you.

In cases involving accidents or injury, we pay close attention to how the scene was investigated. That can include reviewing diagrams, photographs, and any statements attributed to you or other witnesses. We look at whether the physical evidence matches the narrative in the police reports. When necessary, we may suggest that you gather medical records or repair estimates that could become relevant later, depending on how prosecutors choose to proceed.

Throughout this process, Attorney Lukach works directly with you. He discusses realistic options, which may include filing motions to challenge aspects of the state’s case, exploring negotiated resolutions, or preparing for trial if that is appropriate. Our goal is to build a defense that reflects both the legal issues and your personal priorities, such as avoiding incarceration where possible or limiting the long-term impact on your work and family.