Is DWI a crime? No.

In New Jersey, DWI/DUI is treated as a traffic violation.  The violation falls under Title 39 of the New Jersey statutes. Title 39 is the main portion of the traffic/vehicle laws that regulate most vehicles in New Jersey.  However, it is treated as a quasi-criminal offense. This is because this offense carries with it consequences of magnitude. This means that you could face jail time and substantial fines. Due to these consequences, you are entitled to have a lawyer of your choosing represent you in court.

Since the maximum amount of jail you could face for a DWI/DUI conviction can never exceed 6 months, DWI/DUI cannot be considered a crime. Likewise, since DWI/DUI is not treated as a crime, you are not entitled to a jury trial.

Many people who face a DWI/DUI are concerned with the immigration consequences of a DWI/DUI. They often worry that the government will automatically deport them for a DWI/DUI conviction. But that is not necessarily the case. While DWI/DUI is not considered a crime, nor a crime of moral turpitude, habitual drunkennes is a consideration immigration authorities take into account when deciding removal actions. Therefore, it is very important that you consult an immigration lawyer if you have numerous DWI/DUI or alcohol-related offenses in your driver history.

It is important to note that in New York DWI/DUI is considered a misdemeanor crime for which you are entitled to a trial by jury. However, a DWI/DUI conviction that is transferred from New York to your New Jersey driver's abstract will be considered a traffic offense by New Jersey.