Driving while under the influence of drugs or alcohol is a serious criminal offense in the state of New Jersey.
In New Jersey, the law prohibits the operation of a vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic, or habit-producing drugs. DUI violations do not require that you have a blood-alcohol content (BAC) of 0.08%, however, though a BAC of 0.08% or more will operate as absolute proof of intoxication. If you have a blood-alcohol content of less than 0.08%, you can still be found criminally liable — the critical element is whether you are, in fact, intoxicated.
The penalties for a DUI offense in NJ can be significant, and may include criminal fines, mandatory community service, jail time, and driver’s license suspension. For repeat offenders, the imposed penalties are even more severe.
Have you been charged with a DUI in New Jersey? The Davis Law Firm, LLC has successfully fought DUI charges for years in Princeton, Trenton, Hamilton Township, and everywhere else in Mercer County, NJ. Call (609) 503-7813 to get connected with one of our experienced New Jersey DUI attorneys today. The initial consultation is free.
Penalties for Repeat Offenders in Mercer County, New Jersey
New Jersey employs a stepwise penalty system for DUI offenses that heightens the severity of penalties for each subsequent offense. Importantly, however, these successive penalties are only applicable if the subsequent offense was committed within a decade of the prior violation.
In the repeat DUI offender context, the penalties are as follows:
Second Offense DWI
You will be fined between $500 and $1,000, incarcerated for up to three months, subjected to a month of mandatory community service, have your driver’s license suspended for two years, and you may be ordered to participate in a supervised visitation program.
You will also have to satisfy the screening, evaluation, and referral requirements of the Intoxicated Driving Resource Center (IDRC), and the court may require that an ignition interlock device be installed on your vehicles for up to three years. Alternatively, the court may revoke registration of your vehicles for up to two years.
Third and Subsequent DWI Offenses
You will be fined $1,000, incarcerated for no less than six months (though the court may reduce the term of incarceration if you have served in an inpatient facility), have your driver’s license suspended for 10 years, and you may be ordered to participate in a supervised visitation program.
You will also have to satisfy the screening, evaluation, and referral requirements of the Intoxicated Driving Resource Center (IDRC), and the court may require that an ignition interlock device be installed on your vehicles for up to three years. Alternatively, the court may revoke registration of your vehicles for up to 10 years.
Difficulties Litigating on Behalf of a Repeat DWI Offender in NJ
Aside from the heightened statutory penalties that apply to repeat DWI offenders, it is inherently more difficult to obtain a successful verdict on behalf of a repeat offender. Generally speaking, a driver with a history of DWI offenses is less likely to be given the “benefit of the doubt” by jurors. As such, repeat DUI offenders must rely on skilled and persuasive argument from experienced DUI attorneys on their behalf. To succeed in your defense, you must aggressively attack the weak points in the prosecution’s case — you should employ a variety of defenses, depending on the circumstances, including assertions that the police lacked probable cause and that testing was improperly administered.
Consult with a New Jersey DUI Lawyer About Your Ewing Township Repeat DWI Charges
If you have been charged with a DUI, it’s important that you consult with an experienced New Jersey DUI attorney who has a long track record of success in securing favorable verdicts and dismissals. Here at the Davis Law Firm, LLC, our attorneys are committed to providing personalized and highly engaged representation in DUI defense cases. We are aggressive advocates on our clients’ behalf.
Call (609) 503-7813 today, or fill out the online form, to set up a free consultation with one of the New Jersey DUI attorneys at the Davis Law Firm, LLC.
