Third DUI Offense Attorney in Elizabeth, NJ

Driving while intoxicated (DWI) is a serious offense in New Jersey, and the penalties become increasingly severe for subsequent offenses. If you are facing a third or subsequent DWI charge, it is important to understand the law and your rights. Not only can the ramifications be immediate, but they can also have a lasting impact on your life if convicted.

If you or a loved one is facing a third or subsequent DWI/DUI offense, a breathalyzer refusal charge, or even a reckless driving ticket, you need to understand the law and your rights. You also need to hire a New Jersey criminal defense lawyer who has the experience and the skills to handle your case and fight for your freedom. If you’re seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this guide that will provide you with a general overview of the third offense DUI/DWI in New Jersey, as well as some common defenses that may be available to you.

Penalties for Third or Subsequent DWI in New Jersey

Here in New Jersey, a third offense DUI/DWI is taken very seriously. The law and penalties are codified under N.J.S.A. 39:4-50. The penalties for a third or subsequent DWI conviction in New Jersey include:

• Jail time: A mandatory 6 months in county jail
  • 3 months can be spent at an in-patient clinic
• Fines: Mandatory $1,000
• Loss of license: A minimum of 8 years
• Ignition interlock device: Required for at least 3 years
• Community service: Up to 300 hours
• Alcohol education and treatment: Required
• $100 surcharge to be deposited in the drunk driving enforcement fund
• A motor vehicle commission restoration fee of $100 and an intoxicated driving program fee of $100
• A violent crimes compensation fund fee of $50
• A safe and secure community program fee of $75

In addition to the above penalties, if your license is suspended for a third or subsequent DWI and this is the first Driving While Suspended ticket you received, then you could be prosecuted for violation 2C:40-26a which upon conviction carries a mandatory term of imprisonment of at least 180 days without eligibility of parole.

 

Additional Consequences of a Third or Subsequent DWI Conviction

In addition to the criminal penalties, a third or subsequent DWI conviction can also have a number of other negative consequences, including:

• Increased insurance rates: Your car insurance rates will likely increase significantly after a DWI conviction.
• Difficulty obtaining employment: Many employers will not hire someone with a DWI conviction.
• Loss of professional license: If you have a professional license, such as a law license or a medical license, you may lose it after a DWI conviction.
• Social stigma: A DWI conviction can damage your reputation and make it difficult to maintain relationships.

Defenses to a Third or Subsequent DWI Charge in New Jersey

There are a number of defenses that can be raised to a third or subsequent DWI charge in New Jersey, including:

• Unlawful stop: The police officer who arrested you may have violated your constitutional rights by stopping you without probable cause.
• Inaccurate breathalyzer test: Breathalyzer tests are not always accurate, and a faulty test could lead to a false DWI conviction.
• Lack of intent: You may be able to argue that you did not intend to drive while intoxicated, such as if you accidentally were under the influence of prescription medication or if someone drugged you.
• You were not driving at the time of the arrest: This defense asserts that the defendant was not the one operating the vehicle at the time of the arrest.

• The arresting officer failed to follow the right procedures: This could involve improper administration of field sobriety tests, or errors in collecting, storing, and transporting evidence.
• Laboratory issues: This defense challenges the accuracy and reliability of lab tests used to determine blood alcohol content.

Differences between a Third and Second Offense DUI in NJ

Second Offense DUI/DWI in New Jersey:

• The driver is subject to up to 90 days in jail.
• Fines range from $500 to $1,000.
• The driver must complete the Intoxicated Driver Resource Center (IDRC) Program, which includes a drug and alcohol screening and evaluation.
• The driver’s license is revoked for a period of one to two years.
• The offender is also required to complete 30 days of community service.

Third Offense DUI/DWI in New Jersey:

• The driver is subject to incarceration for a term of not less than 180 days.
• The driver’s license is revoked for a period of eight years.

Please note that these penalties can vary depending on the specifics of each case, such as the driver’s blood alcohol content (BAC) at the time of the offense. It’s also important to note that New Jersey law considers an offense that occurs more than ten years after a first offense as a first offense. Therefore, it’s always recommended to seek legal advice if you’re facing a DUI/DWI charge.

 

Frequently Asked Questions (FAQs)

What is a Step-Down in New Jersey?

The ‘step-down’ rule in New Jersey is a provision in the DWI law that can significantly impact the sentencing of repeat offenders. This rule essentially allows a third DUI to be counted as a second, and a second DUI as a first when it comes to potential penalties, provided that the earlier DUI took place over ten years before the date of the current DWI charge.

For example, if a defendant has two DUI convictions and is convicted of a third DUI more than ten years after the second DUI conviction, under the ten-year ‘step-down’ rule, the third DUI would be treated as a second DUI. The sentence would be reduced to a fine, 30 days of community service, up to 90 days in jail, and a one to two-year license revocation.

However, it’s important to note that the ‘step-down’ rule is applied only when it is requested. Therefore, before going to court for your sentencing hearing on a subsequent DUI charge, it is crucial to speak with an experienced lawyer who is familiar with this specific NJ law.

 

Will a Third Offense DUI/DWI Show Up on a Background Check?

In New Jersey, a DUI/DWI is not considered a criminal offense but rather a traffic offense. Therefore, it does not show up on criminal background checks. Instead, the DUI/DWI charge appears on a person’s driving record, known as the NJ Driver History Abstract, and remains there indefinitely. However, it’s important to note that many employers conduct background checks on potential employees, and having a DUI/DWI conviction on your driving record may affect your chances of securing certain job opportunities, particularly those that involve driving or require a clean driving record. Always consult with a legal professional for advice tailored to your specific circumstances.

 

If You Are Facing a Third or Subsequent DWI Charge in New Jersey

If you are facing a third or subsequent DWI charge, it is important to contact an experienced criminal defense attorney immediately. An attorney can help you understand your rights, evaluate your case, and develop a strong defense strategy.

Top New Jersey Third DUI/DWI Lawyer

A third or subsequent DWI conviction can have serious consequences, but it is important to remember that you have rights. If you are facing a DWI charge, contact an experienced criminal defense attorney today.

At Rosen Law Firm, we have experience and are dedicated to helping our clients achieve the best possible outcome in their cases. We understand the serious consequences of a conviction for criminal sexual contact, and we will fight aggressively to protect your rights and interests. There are many reasons why you should choose NJ Attorney Brett M. Rosen to defend your third DUI charge. Here are some of them:

• He is one of the top criminal defense attorneys of 2023, according to LA Weekly.
• He has a proven track record of winning seemingly impossible cases, such as a recent acquittal of a karate instructor accused of sexual assault.
• He is passionate, dedicated, and assertive in representing his clients, standing up for their rights and challenging the evidence against them.
• He is experienced in handling robbery cases, which are serious offenses that can result in long prison terms and hefty fines.
• He is an advocate for mental health and well-being within the legal profession, understanding the stress and emotional toll that comes with facing criminal charges.
• He is knowledgeable about the latest advancements in artificial intelligence and their impact on the legal industry, using AI-powered tools to enhance his practice.

These are just some of the reasons why NJ attorney Brett M. Rosen is a great choice for your third offense DWI defense.

Contact us today for a free consultation.