Second Offense DWI

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Manasquan NJ Second Offense DWI Defense Attorneys

New Jersey has implemented an aggressive program to identify and prosecute individuals accused of driving while intoxicated (DWI) or driving under the influence (DUI). This crack-down coincides with increasingly harsh penalties for those convicted of DWI and DUI, with both short and long-term consequences that can significantly impact their lives. The negative repercussions of a DWI make it essential to have an attentive and equally aggressive defense attorney working on your behalf to combat the charges against you.

The penalties for a second offense DWI are significantly more severe than those imposed in cases involving first DWI offenses. These charges are punishable by the same penalties, regardless of the person’s blood alcohol content (BAC) at the time of the alleged offense. For example, if you are convicted of a second DWI or DUI in New Jersey, you may be sentenced to same penalties if your BAC is slightly over the legal limit or two-times that level. Further, your sentence may entail a 2-year period of driver’s license suspension, a fine of up to $1,000, community service, program attendance at one of the State’s Intoxicated Driver Resource Centers, and a maximum of 90 days in jail. 

With copious knowledge of State law pertaining to DWI in New Jersey, the lawyers at Chamlin, Rosen, Uliano & Witherington employ all means necessary to ensure that their clients are protected from the full impact that a DWI or DUI conviction can have on their lives. With a variety of specifically-formulated tactics for fighting these charges, these skilled attorneys carefully examine every component of a DWI case, from the circumstances that preceded the stop to the procedure followed during and after the arrest. They have had countless successes defending clients against DWI charges due to their attentiveness and precision when evaluating these cases and are pleased to provide free consultations. Contact their West Long Branch office today at 732-440-3950 to speak with one of the firm’s talented DWI defense attorneys. 

Second Offense DWI in Monmouth County: N.J.S.A. 2C: 39:4-50

The New Jersey Criminal Code addresses offenses involving driving while intoxicated in N.J.S.A. 2C: 39:4-50, stating the following with regard to second offenses for DWI:

(a) Except as provided in subsection (g) of this section (which pertains to DWI offenses committed within a school zone), 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 et 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).

Penalties for Second Offense DWI in New Jersey

There are a host of penalties associated with a second conviction for DWI in New Jersey, as stated above. Overall, punishments can include suspension of driving privileges, imprisonment, fines, community service, program attendance at one of the State’s Intoxicated Driver Resource Centers (IDRC), and a mandatory ignition interlock device installed in your vehicle. Specifically, penalties for second offense DWI are the following:

  • Driver’s License Suspension: period of 2 years
  • Imprisonment: minimum of 48 hours, maximum of 90 days
  • Fine: ranging from $500 to $1,000
  • Community Service: term of 30 days
  • Ignition Interlock Device: minimum of 1 year, maximum of 3 years 
  • Intoxicated Driver Resource Center (IDRC): must comply with all program requirements or be subject to a 2-day term of imprisonment and suspension of driving privileges until requirements are met
  • Motor Vehicle Commission Surcharge: $1,000 per year for 3 years

Contact Freehold NJ DWI Defense Law Firm for Assistance

For additional information as to how these Monmouth County DWI defense attorneys can assist you or someone you love in combating the State’s case and delivering the best chance of success, contact the West Long Branch, New Jersey office of Chamlin, Rosen, Uliano & Witherington at 732-440-3950 or toll free at 888-328-9131.

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Chamlin, Rosen, Uliano & Witherington of West Long Branch, New Jersey, provides representation throughout Monmouth County including Asbury Park, Belmar, Colts Neck, Deal, Eatontown, Freehold, Hazlet, Holmdel, Howell, Lake Como, Long Branch, Manalapan, Manasquan, Marlboro Township, Middletown, Neptune, Oakhurst, Ocean Township, Redbank, Shrewsbury, Spring Lake, Tinton Falls, Wall Township, West Long Branch, and Freehold Township; Ocean County including Bayville, Brick, Jackson, Lakewood, Lakewood Township, Mantoloking, Point Pleasant, Point Pleasant Beach, and Toms River; Middlesex County including East Brunswick, Milltown, New Brunswick, Old Bridge Township, Perth Amboy, Sayreville, South Amboy, South River, and Spotswood.

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