NEWARK, NJ – As New Jersey law enforcement ramps up its efforts to curb impaired driving and its aftermath, Rachel Kugel, a prominent New Jersey DUI attorney and the founder of The Kugel Law Firm, is issuing a critical warning to motorists. The focus of her recent advocacy centers on the severe, often life-altering legal ramifications of operating a motor vehicle while a driver’s license is suspended due to a prior Driving While Intoxicated (DWI) conviction.
In a state known for having some of the most stringent traffic and criminal laws in the country, Kugel emphasizes that the intersection of administrative penalties and criminal statutes creates a legal minefield for the uninformed. Recent trends in New Jersey courts show a shift toward uncompromising enforcement of N.J.S.A. 2C:40-26, a statute that elevates driving while suspended for a DWI to a criminal act that carries mandatory incarceration.
The Hidden Trap: Administrative vs. Judicial Suspensions
One of the most common misconceptions among New Jersey drivers is how their driving privileges are managed following a court appearance. Kugel points out that a DWI conviction typically triggers a dual-track penalty system. While a municipal court judge oversees the fines, interlock requirements, and immediate legal consequences, the actual status of a driver’s license is frequently managed by the New Jersey Motor Vehicle Commission (MVC).
“Many individuals leave the courtroom believing that if they have paid their fines or completed a court-ordered program, their right to drive is automatically restored,” says Rachel Kugel. “In reality, the MVC operates independently of the local criminal courts. This separation often leads to ‘accidental’ violations where a driver thinks they are clear to get behind the wheel, only to find themselves facing a fourth-degree criminal charge because the MVC had not yet formally restored their privileges.”
New Jersey is also notable for its lack of leniency regarding “work licenses.” Unlike many neighboring states, New Jersey does not offer conditional or hardship licenses for individuals whose driving privileges have been revoked due to a DWI. This means there are no exceptions for driving to work, transporting children to school, or attending medical appointments. Any operation of a vehicle during the suspension period is a violation of the law.
The 180-Day Mandate: Understanding N.J.S.A. 2C:40-26
The core of Kugel’s warning revolves around the specific criminal statute N.J.S.A. 2C:40-26. This law was designed to target repeat offenders or those who willfully disregard a DWI-related suspension. Under this statute, operating a vehicle while suspended for a second or subsequent DWI conviction, or while suspended for a first-time DWI that involved a specific period of license revocation, is classified as a fourth-degree crime.
In the New Jersey legal system, a fourth-degree crime is essentially a felony-level offense. The consequences are far more severe than a standard traffic ticket. Most notably, a conviction under this statute carries a mandatory minimum of 180 days in jail.
Crucially, this 180-day sentence must be served without the eligibility for parole. Kugel notes that judges have very little discretion in these cases; if a driver is found guilty, the jail time is a statutory requirement. Furthermore, these sentences are typically served in county correctional facilities, and courts are increasingly reluctant to allow for house arrest, work release, or program-based alternatives in lieu of physical incarceration.
Collateral Damage: Surcharges, Tolls, and Employment
Beyond the immediate threat of jail time, driving with a suspended license in New Jersey triggers a cascade of financial and administrative “collateral consequences.”
One of the most persistent burdens is the New Jersey Surcharge Violation System. Individuals convicted of driving while suspended or DWI are often hit with recurring annual surcharges that can amount to thousands of dollars over several years. These surcharges are in addition to the initial court fines and can lead to a cycle of debt that makes legal reinstatement even more difficult to achieve.
Kugel also highlights the role of tolling agencies like the Garden State Parkway and the Atlantic City Expressway. Unpaid tolls and related violations can lead to the suspension of a vehicle’s registration. If a registration is suspended, the vehicle cannot be legally parked on public streets, often resulting in towing and impoundment fees that further strain a household’s finances.
Perhaps most significantly, a fourth-degree criminal conviction for driving while suspended creates a permanent criminal record. This can have devastating effects on current employment and future job prospects, particularly for those in professions that require background checks or the operation of company vehicles.
The Path to Mitigation and Defense
While the outlook for those charged with driving while suspended can seem bleak, Rachel Kugel emphasizes that strategic legal intervention can make a difference.
“Effective defense begins with a comprehensive evaluation of the case,” Kugel explains. “We look for procedural errors in the initial traffic stop, evidentiary weaknesses regarding the notice of suspension, and any constitutional violations that may have occurred during the arrest.”
Mitigation is also a key component of The Kugel Law Firm’s strategy. By demonstrating proactive responsibility—such as enrolling in reputable substance abuse treatment programs, participating in DUI education, and strictly adhering to all other court orders—a defendant may be able to influence the perspective of prosecutors and judges. While the 180-day jail mandate is strict, a thorough defense can sometimes identify paths toward reduced charges or alternative resolutions if the underlying facts of the case allow.
The Long Road to Reinstatement
Restoring a license after a DWI-related suspension is a multi-step process that requires precision. Kugel outlines the typical requirements for motorists looking to return to the road lawfully:
- Completion of the Suspension Period: The driver must serve the full duration of the court and MVC-imposed suspension.
- Financial Satisfaction: All court fines, MVC surcharges, and restoration fees must be paid in full.
- Compliance with Conditions: This includes the installation of an Ignition Interlock Device (IID) if required, and the completion of the Intoxicated Driver Resource Center (IDRC) program.
- Formal Notice of Restoration: Motorists must wait for the MVC to issue a formal “Notice of Restoration” before they drive. Driving before this document is received—even if the suspension time has elapsed—can result in new charges.
About Rachel Kugel and The Kugel Law Firm
Rachel Kugel is a dedicated criminal defense attorney who has built a reputation for providing a sophisticated and strategic defense for those facing DUI and traffic-related charges in New Jersey. With a focus on clear communication and flat-fee representation, The Kugel Law Firm serves clients across the state, including Bergen, Essex, Middlesex, and Ocean counties.
The firm’s approach is rooted in the belief that every client deserves a robust defense and a clear understanding of the legal hurdles ahead of them. By offering free initial strategy sessions, Kugel ensures that individuals can access professional legal advice during some of the most stressful moments of their lives.
Summary of Penalties for Driving While Suspended Under N.J.S.A. 2C:40-26
| Penalty Type | Details |
| Crime Grade | Fourth-Degree Crime (Felony equivalent) |
| Mandatory Jail | 180 days (Minimum) |
| Parole Eligibility | None (Must serve full 180 days) |
| Fines | Substantial court-imposed fines |
| Surcharges | Multi-year financial assessments by the MVC |
| License Status | Extended suspension and potential registration revocation |
| Criminal Record | Permanent record affecting future employment |