Multiple convictions for driving under the influence (DUI/DWI) have consequences far more serious than those for a first-time offense. However, attorneys at our Red Bank firm, 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.
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).
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.
