DWI cases are rarely straightforward. They often involve complex legal, procedural, and factual issues that require a seasoned defense attorney to untangle. Whether it’s defending a repeat offender, challenging questionable evidence, or addressing nuanced operational issues, our firm thrives on the cases others shy away from.
Multiple DUI convictions for driving under the influence (DUI/DWI) have consequences far more serious than those for a first-time offense. However, attorneys at the Law Office of Jonathan F. Marshall, may, depending on your particular situation, be able to improve your position if you have multiple DUI arrests. Contact us to arrange a free consultation with a DWI lawyer.
Defense against Multiple DWI/DUI Convictions
The harsh consequences of multiple DUI arrests and convictions present a compelling reason to mount a powerful defense against your first drunk driving charge. If you failed to do that, perhaps wondering, “Why get a lawyer for a DUI ?” you still may have an opportunity to improve your situation. Our lawyer will ask the court, since you were not represented by an attorney at the time of your first DUI case, to handle this offense as a first offense when sentencing.
Timing may be in your favor. If your first charge of driving while intoxicated had not been resolved when you were picked up again, a judge may be willing to have your multiple sentences, including the periods of your driver’s license suspension, run concurrently.
Is your current DWI being charged as a second offense on the basis of an out-of-state DWI? A DWI (DUI, OUI, OWI) from another state does not automatically raise your current New Jersey offense to the level of a multiple offense. Our attorneys will argue that any discrepancy in the laws of the two states, as they apply to your convictions, means you should be sentenced under New Jersey DWI/DUI penalties for first offenders.
A key element is whether your prior convictions are for DWI or refusal. Under New Jersey law, if you have been charged with a refusal and then subsequently receive charges for a DWI, the court must classify you as a first offender.
Why Some Lawyers Avoid Repeat Offense Cases
Defending repeat offenders comes with higher stakes and greater challenges. With penalties escalating for second, third, or subsequent offenses, these cases demand a defense strategy that goes beyond the basics.
Many lawyers avoid repeat offender cases because of the complexity involved. At our firm, we welcome these cases. In fact, we’re often the ones other attorneys refer their most challenging cases to. Why? Because we’re equipped to handle the demands of defending clients with significant penalty exposure.
Strategies for Addressing Prior DUI Convictions
A cornerstone of our approach to repeat DWI cases is challenging prior convictions. If we can invalidate a prior offense, it can prevent enhanced penalties for the current charge. This process, known as post-conviction relief (PCR), involves examining previous cases for procedural errors or constitutional violations, such as:
- Was the defendant represented by counsel?
- Did the court properly establish a factual basis for the conviction?
Even when we can’t eliminate a prior conviction entirely, we may be able to argue that it shouldn’t count toward sentencing enhancements. This nuanced approach can significantly impact a client’s outcome.
When Refusal to Take a Breath Test Can Be Advantageous
The decision to take or refuse a breath test can have major consequences, particularly for repeat offenders. On a first offense, compliance is typically advisable to avoid an additional charge of refusal. However, in a third or subsequent offense, refusing the test might work in the client’s favor.
Why? Refusal charges don’t carry mandatory jail time, unlike a third DWI conviction. By avoiding a breathalyzer result, the prosecution’s case often becomes harder to prove, giving us more room to craft a strong defense.
Understanding Post-Conviction Relief and Its Role in DWI Defense
Post-conviction relief is one of the most powerful tools for clients facing enhanced penalties. In these cases, we scrutinize every detail of prior convictions, looking for legal grounds to challenge their validity.
For example, if a defendant wasn’t properly advised of their rights during a prior case or wasn’t represented by an attorney, that conviction may be vulnerable to attack. Removing or downgrading these convictions can mean the difference between jail time and a more manageable penalty.
How Expertise in Field Sobriety Tests Can Undermine the Prosecution
In many DWI cases, field sobriety tests play a key role in establishing probable cause for an arrest. However, these tests are far from foolproof. Our attorneys are trained at an instructor level in standardized field sobriety testing, which means we can identify and challenge errors in how these tests were conducted.
For instance, if an officer fails to follow National Highway Traffic Safety Administration (NHTSA) protocols, we can use that to argue that the results are unreliable. This level of expertise gives us a significant advantage in building a robust defense.
Facing Complexity with Multiple DUI Convictions with Confidence
Defending complex DWI cases requires more than a basic understanding of the law—it demands creativity, expertise, and a commitment to digging deep into the details. Whether it’s challenging prior convictions, suppressing evidence, or exposing procedural errors, our firm is built to handle the most challenging cases.
If you’re facing a DWI charge, especially as a repeat offender, don’t settle for a general criminal defense lawyer. Work with a team that knows how to navigate the complexities and secure the best possible outcome for your case.
Multiple DUI Case Examples
See State v. DiSomma, 262 N.J. Super 375 (1973).
However, if you have a prior DWI conviction and you are subsequently charged with a refusal to take a breathalyzer test, then you can be categorized as a second offender under the DWI penalties. This can significantly effect your license suspension and the penalties involved.
See State v. Tekel, 281 N.J. Super 502 (1995).
Contact A Prior DUI Offense Defense Lawyer in New Jersey
If you have a prior drunk driving charge, and have been arrested again, you are at risk of serious penalties if convicted of multiple DUIs. If you have been arrested for multiple DUIs and would like to speak with one of our lawyers about possible defenses and sentencing options, please call toll free 855-450-8310 or e-mail our Red Bank law firm to arrange a free consultation.
