Second Offense DWI in New Jersey

New Jersey DWI Lawyers

Second Offense DWI or DUI

If you have been charged with a second DWI or DUI offense in New Jersey, contact the criminal defense lawyers at the Law Offices of John Marshall for immediate assistance.  An experienced DWI lawyer from our law firm will be happy to answer all of your questions.  The following is intended to provide assistance to individuals interested in obtaining information regarding New Jersey law concerning a second offense for DWI.

Under the New Jersey Driving While Intoxicated Statute, N.J.S.A. 39:4-50:

(a) Except as provided in subsection (g) of this section, a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood or permits another person who is under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug to operate a motor vehicle owned by him or in his custody or control or permits another to operate a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant's blood shall be subject:

(2) For a second violation, a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c. 417 (C.39:4-50.16 e t al.) or shall have his registration certificate and registration plates revoked for two years under the provisions of section 2 of P.L.1995, c. 286 (C.39:3-40.1).

A second offense in New Jersey requires a two year suspension of your New Jersey Driver's License.  It is important to keep in mind that your defenses to a second offense of driving while intoxicated or driving under the influence is not limited to a challenge of the most recent charge.  Our drunk driving attorneys will examine your first DWI conviction and make sure all of the proper procedures were followed and determine whether there is any opportunity for post conviction relief.  We may be able to challenge the first offense of drinking and driving such that the second offense is classified as a first offense thereby limiting the potential license suspension to seven months to one year rather than two years. If your first DWI conviction is bullet proof, our experienced criminal defense attorneys will examine your current DWI charge in order to ensure all of the proper procedures were followed.  Whether there was a valid traffic stop, probable cause to believe the driver is intoxicated, certification of the breath testing machine, or proper protocol for a roadblock  stop, are but some of the issues which our DWI, DUI and Refusal lawyers will explore. As you can see, there are many possible defenses to this second DWI charge which our experienced criminal lawyers will use to defend our clients.

A classification as a first or second offender is crucial in determining penalites under the New Jersey DWI Statute. If your first offense is a Refusal, then you may still be categorized as only a first offender for your subsequent DWI charge. See State v. DiSomma, 262 N.J. Super 375(1993). If, on the other hand, your first offense was a DWI and you are subsequently charged with a refusal in New Jersey, you may be classified as a second offender and it is possible that you can face a two year license suspension. See State v, Tekel, 281 N.J. Super 502(1995). Therefore, it is imperative that you contact an experienced criminal lawyer to provide the best possible defense to your DWI or Refusal charges in New Jersey.

Contact the Law Offices of John Marshall for a free initial consultation.  Our law firm is assessible throughout New Jersey as we maintain meeting offices in Monmouth County, Middlesex County, Union County, Somerset County, Ocean County, Essex County, Mercer County and Burlington County.  Please do not hesitate to arrange an appointment with a New Jersey DWI lawyer.