Felony DWI Attorney in Ocean County

One of Only 35 Board Certified Municipal Court Trial Attorneys in New Jersey

Facing a serious drunk driving charge in Ocean County can threaten your freedom, your license, and your future. When your situation involves injury to another person, prior DWI convictions, or other aggravating factors, you may be looking at felony-level consequences, not a routine traffic matter. You need clear information and a steady plan.

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 handle complex, high-stakes DWI cases with personal attention at every step.

Your freedom and future are worth protecting. Call a felony DWI attorney in Ocean County at (856) 481-8205 or reach out online for a free consultation. We’re available 24/7.

When a DWI Becomes a Felony-Level Charge in New Jersey

Most DWI offenses in New Jersey are processed under Title 39, the Motor Vehicle Code, as traffic violations. A charge becomes felony-level when it crosses into Title 2C, the New Jersey Code of Criminal Justice. That shift changes everything: the court handling the matter, the prosecutors involved, the sentencing exposure, and the permanent consequences that follow a conviction. In Ocean County, we typically see this escalation in three scenarios.

• Assault by Auto (N.J.S.A. 2C:12-1(c)): This is the most common route by which a DWI becomes a felony-level charge. If you’re involved in an accident while intoxicated and another person is injured, you face Assault by Auto charges under Title 2C rather than a standard traffic summons under Title 39.
• Death by Auto (N.J.S.A. 2C:11-5): If a fatality occurs while you’re operating a vehicle under the influence, the state may charge you with Vehicular Homicide. This is a second-degree crime punishable by 5 to 10 years in prison. Under the No Early Release Act (NERA), 85% of the sentence must be served before parole eligibility applies.
• Third-Offense DWI and Beyond: While a third DWI remains technically a traffic offense under Title 39, it carries a mandatory 180 days in county jail. No parole is available during that term, though a court may, at its discretion, allow up to 90 of those days to be served in an approved inpatient rehabilitation program.

Cases involving indictable offenses, what New Jersey law calls crimes of the second, third, or fourth degree, typically begin with a probable cause determination in municipal court before referral to the Ocean County Prosecutor’s Office for possible grand jury action. If the Prosecutor’s Office pursues an indictment, the matter moves to the Ocean County Superior Court Criminal Division in Toms River. That shift affects the procedures you face, the prosecutors assigned to your case, and the range of potential sentences.

We regularly guide clients through these transitions between courts. When we meet with you, we discuss whether your current charges are limited to municipal court or whether there are signs your matter may be reviewed as an indictable case by the Ocean County Prosecutor’s Office.

How We Defend Felony DWI Cases in Ocean County

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

Reviewing the Evidence Against You

As discovery materials arrive, we examine the legality of the traffic stop, how field sobriety tests were conducted, and the procedures used for breath or blood testing. New Jersey has specific rules governing the operation and maintenance of chemical testing devices. If officers or agencies don’t follow those requirements, it can affect how that evidence may be used against you. Discovery in felony-level cases typically includes police reports, dashcam footage, chemical testing logs, and maintenance records for the breath-testing equipment, all of which Attorney Lukach reviews personally.

In cases involving accidents or injury, we pay close attention to how the scene was investigated: diagrams, photographs, and statements attributed to you or other witnesses. We look at whether the physical evidence matches the narrative in the police reports. When relevant, we may suggest gathering medical records or repair estimates, depending on how prosecutors choose to proceed.

Building & Pursuing Your Defense

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 with the Ocean County Prosecutor’s Office, or preparing for trial if that’s the right path. Our goal is to build a defense that reflects both the legal issues in your case and your personal priorities, whether that means avoiding incarceration or limiting the long-term impact on your work and family.