New Jersey DWI Second Offense
If you were recently arrested for driving while impaired (DWI) — AGAIN — don’t lose hope. There are many scientific and technical defenses that a good attorney can bring out in your favor.
Let’s analyze the facts:
In New Jersey, as in most states, a driver with a BAC of 0.08% or greater is considered to be DWI.
Now if this is your second offense, you could be faced with the following penalties:
- FINE: $500.00 to $1,000
- JAIL TIME: from 2 days to 90 days
- LOSS OF DRIVER’S LICENSE AND LICENSE PLATES: Two Years
- NEW JERSEY DMV SURCHARGE: $1,000 per year for three years
- IGNITION INTERLOCK DEVICE: To be installed for 1-3 years after the license suspension is over
- COMMUNITY SERVICE: 30 Days
It is worth mentioning here that jail time for a third offense is a minimum of 180 days with a Driver’s License Suspension of 10 years.In the event of a DWI second offense, your attorney will have the first charge examined to determine whether the first DWI conviction can be overturned. If post conviction relief is an option then the penalties will be according to a DWI first offense which are less severe. However if there is no way to overturn the first DWI charge, then a strong case will have to be built. Your attorney will examine areas including whether the traffic stop was properly conducted, whether there was probable cause to believe the driver was impaired, and whether the breath test machine or blood test was administered properly.
DWI cases include many time sensitive steps and you can increase your chance of winning your case by getting help early. We will explain the charges against you and outline a strategy for your defense.