Although the term “motor vehicle violation” may appear to denote a rather minor infraction, DWI offenses are among the most vigorously prosecuted and harshly punished offenses committed while on the road. As lawmakers and organizations such as “Mothers Against Drunk Driving” continue to call attention to DWI as a public problem, it remains in our collective consciousness, compelling a variety of measures aimed at preventing, targeting, and punishing those who drive under the influence of drugs or alcohol. Not only are these offenses punishable by a host of court-imposed penalties, including a period of driver’s license suspension, significant fines, community service, attendance at a state-approved Intoxicated Driver Resource Center (IDRC), and even jail time, they may also spell damaging collateral consequences, such as points assessed by your insurance company, thousands in surcharges, and increases in premiums that can haunt you for years to come.
If you or someone you love has been charged with DWI in New Jersey, your time may be limited, but your options are not. At The Law Offices of Jonathan F. Marshall, we have made it our business to acquire the same knowledge and expertise as those who would seek to prosecute our clients. As such, our highly skilled defense team includes 5 of the 50 attorneys in the State who are certified to maintain and operate the Draeger Alcotest 7110 Breath Testing Device, as well as 5 of the 10 lawyers in New Jersey who are certified to administer Standardized Field Sobriety Tests, and 3 attorneys who are certified to instruct others in the administration of Field Sobriety Testing. Uniting credentials with compassion, our defense team includes former prosecutors in over 25 municipalities, which allows us to anticipate, target, and effectively defeat the State’s arguments against our clients. To learn more about how we can help you to overcome your DWI charges, contact our offices anytime at 908-722-1011 for a free comprehensive consultation. Our knowledge is your power.
Second Offense DWI in New Jersey: N.J.S.A. 39:4-50
New Jersey Statute N.J.S.A. 39:4-50 addresses driving under the influence, mandating the following with regard to these offenses:
- No person is to operate a vehicle while under the influence of any intoxicating liquor, narcotic, hallucinogenic or habit producing drug;
- A person with a blood alcohol content of 0.08% by weight of blood (BAC) is deemed to be “per se” intoxicated for purposes of determining whether a violation has occurred; and
- No person is to permit another to operate a motor vehicle while under the influence or intoxicating liquor, narcotic, hallucinogenic or habit producing drug.
Second Offense DWI Penalties in New Jersey
The sentencing guidelines associated DWI offenses in New Jersey are delineated per the following factors:
- The number (if any) of previous DWI violations for which the defendant has been convicted;
- The defendant’s Blood Alcohol Concentration (BAC) at the time of the offense (solely applies in first offense DWI cases);
- Whether or not the offense occurred in a school zone;
- If the person consented or refused to submit to a breath test;
- Whether or not the defendant was under the legal age to consume alcohol (21); and
- If an accident resulted or anyone was injured as a result of the offense.
If you have been convicted of DWI in the past, the punishments to which you may be subjected if you are found guilty of a second or subsequent DWI offense become increasingly severe. In New Jersey, a second offense DWI may result in the following consequences: a fine ranging from $500 to $1,000, a 2-year suspension of driving privileges, 30 days of community service, a New Jersey DMV Surcharge of $1,000 per year for 3 years, and a sentence to serve between 2 and 90 days in the county jail.
Notably, if your previous conviction for DWI occurred over 10 years prior to your second offense, you may subject to the penalties of a first-offense DWI due to the State’s policy known as the “10-year step-down.”
Contact our Readington NJ DUI Lawyers for a Free Consultation
Providing guidance and aggressive advocacy, our New Jersey DWI defense team has achieved thousands of successes and earned countless satisfied clients in court rooms across the state. With over a century of combined experience, The Law Offices of Jonathan F. Marshall utilizes all of the resources at our disposal to explore and pursue every potential avenue for winning your case. Contact us today at 908-722-1011 for a cost-free consultation with one of our highly knowledgeable attorneys.
