If you have been charged with a third DWI in New Jersey, the result of a conviction can spell catastrophic consequences that alter your life for next decade. Perhaps most damaging of the penalties imposed for a third offense DWI is the mandatory 10-year period of driver’s license suspension that follows. Clearly, loss of driving privileges for such an extended term can impact your ability to work and conduct your daily activities. However, the seriousness of these offenses is further evidenced by the mandatory 180-day jail sentence imposed in all third offense DWI cases. Keep in mind, the law does not allow for exceptions in these cases, barring negotiated pleas or abbreviated sentences. With so much on the line and so much to lose, the stakes are extraordinarily high, and a highly experienced defense attorney can serve as an indispensable asset as you seek to obtain a positive resolution.
At The Law Offices of Jonathan F. Marshall, we take the phrase “knowledge is power” to the extreme, which is why we have made it our business to acquire the same knowledge and expertise as those who would seek to prosecute our clients. For example, our skilled DWI defense team boasts 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. In addition, several of our attorneys have served as prosecutors in over 25 municipalities, providing us with the behind-the-scenes insight that we need to construct effective defense strategies. Couple these credentials with the fact that our firm is the only law firm in New Jersey with its own Alcotest 7110 MK III-C and you arrive at one indisputable fact: when addressing your DWI, there is no team better equipped to investigate, analyze, and successfully combat your charges. For a cost-free case evaluation, contact our offices anytime at 908-722-1011. One of our talented attorneys will answer your questions, address your concerns, and ensure that you make your next decision with informed confidence.
Third 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.
Third 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.
The punishments imposed for DWI offenses are directly correlated with the number of previous DWI violations for which you have been convicted. As such, the penalties are enhanced for third or subsequent offenses, which may result in the following for those convicted: a fine of $1,000, a 10-year suspension of driving privileges, a New Jersey DMV Surcharge of $1,500 per year for 3 years, mandatory installation of an ignition interlock device during the period of license suspension and an additional 1 to 3-year period after license restoration, and a sentence to serve at least 180 days in the county jail (90 days of which can be served at a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center).
Contact our Tewksbury NJ DUI Lawyers for a Free Consultation
At The Law Offices of Jonathan F. Marshall, we bring over 100 years of combined experience and unparalleled credentials into court rooms across the State, leveraging all of our knowledge and resources to achieve desirable outcomes for our clients. To learn more about how our practice can serve you or someone you love, contact our offices 24/7 at 908-722-1011. One of our attorneys is standing by to assist you.
