If you have been arrested and charged with a repeat driving while intoxicated (DWI/DUI) offense, you are facing serious penalties. You should never be without the help of a DWI lawyer for any charge, but the stakes are even higher if you are facing the potential of a repeat conviction. Then, you will go to jail for a mandatory sentence, and you could be facing a longer time in prison. Any type of DWI charge in New Jersey is a serious matter. For a first conviction, you are facing the loss of your license, a fine, and mandatory education requirements. The penalties can escalate significantly for repeat DWI offenses. Although an initial DWI conviction has the potential to lead to a jail sentence of up to 30 days, in practice, it is rare to be sentenced to prison for a first DWI conviction unless there are aggravating factors, such as serious bodily injury or extreme blood alcohol content.
Second-Offense DWI Penalties
A repeat DWI offense is considered to be a second DWI that has occurred 10 years or less since your first conviction. Then, the penalties can be far more serious than what you may have faced on your first conviction. A second offense DWI is treated as a fourth-degree criminal charge. If you are convicted, or you plead guilty to a second DWI within 10 years, you will receive the following possible punishment:
- Two to 90 days in prison, with a mandatory minimum sentence
- A fine of $500 to $1,000
- The loss of your driver's license for 2 years
- The potential to have a court order for an ignition interlock device in your car
The exact amount of jail time that you would be required to serve depends on the facts and circumstances of your case. You may face a longer sentence if there are aggravating factors. Much depends on the prosecutor and what they are seeking for your sentence. Hiring a DWI defense attorney to engage with the prosecutor may improve your situation.
Third-Offense DWI Penalties
A third offense within a 10-year period may even be treated as a felony under New Jersey law. Here, the punishment gets even stricter. You may receive the following consequences for a third offense DWI conviction:
- A fine of $1000-2000
- 180 days to a year in jail, with the possibility of more prison time if there are aggravating circumstances
- A driver's license suspension of 10 years
- A mandatory ignition interlock device when you are able to regain your license
A third offense of DWI will lead to significant jail time. There is a mandatory minimum sentence that you must serve.
You Need a DWI Lawyer for Any Charge
Given the potential penalties for repeat DWI, it is essential that you hire a lawyer anytime you have received a DWI charge. It is even more important to have legal counsel when you are facing a subsequent charge because of the potential for a long jail sentence. A DWI lawyer can work to obtain the best possible outcome in your case, whether it is through negotiating a plea bargain with a prosecutor or fighting the charges in court.
Blackwood DWI Lawyer at Iannelli Law Will Help You Obtain the Best Outcome
If you have been charged with operating a motor vehicle under the influence, the
Blackwood DWI lawyer at
Iannelli Law will work to obtain the best possible outcome in your case. You can schedule a free initial consultation by messaging our legal team
online or by calling us today at
856-227-2434. Our office is in Blackwood, New Jersey, and we serve clients in the surrounding areas.
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