Penalties for 2nd DWI in New Jersey

Being convicted of a DWI is already pretty bad, but facing a second DWI might be more than some people can handle. While others in your community and members of law enforcement might try to shame you, you do not have to accept the charges lying down. A lawyer can examine the details of your case and help you develop effective defense strategies and protect your rights.

The more DWIs a defendant has on their driving record, the harsher the penalties for a new DWI become. A second DWI may be punished more harshly than the first, but there may still be ways to defend yourself. Increased fines, license suspensions, and even jail time are on the line. An attorney can help you possibly avoid or reduce the penalties by working to exclude unlawful evidence, working our plea agreements with prosecutors, or arguing for leniency from the judge during sentencing. Still, DWIs often come with other consequences that are not necessarily imposed by law. Many people experience negative consequences from a DWI in their social, professional, and personal lives.

Get a confidential initial case evaluation for free by calling our New Jersey DWI lawyers with the Lombardo Law Group at (609) 418-4537.

Possible Penalties for a 2nd DWI in New Jersey

The penalties for a second DWI are described under N.J.S.A. § 39:4-50(a)(2). Under this law, the penalties vary based on several factors. If you have had a DWI conviction in the past or your BAC measurement for your current charge was especially high, your penalties may become harsher. Numerous penalties and consequences may be imposed, including heavy fines, the loss of your driver’s license, and even jail time.

Fines

For a second DWI conviction, a defendant may be fined at least $500 but not more than $1,000. While your exact fine might vary based on factors unique to your case, you should expect to pay not less than $500, which is very expensive. Many people cannot afford the fines, let alone the other consequences that come along with it. Also, if you are ever charged with a DWI again sometime in the future, the fines will only increase. If fines are too expensive for you, our New Jersey DWI lawyers can help you work out a payment plan with the court that you can afford.

License Suspensions

Most people know that a DWI may jeopardize your driver’s license. For those who live in a more suburban area of New Jersey, which is a lot of us, cars are the primary mode of transportation. While public transit exists, it tends to be more available in urban areas and might not be available everywhere. This means you might be totally stranded without a driver’s license.

For a second DWI conviction, a defendant must surrender their license for no less than 1 year and not more than 2 years. This might seriously impact your life. You might not be able to go to work or school on your own. Running errands might become difficult. Getting to important appointments like the doctor’s may become more challenging. Losing your license for up to 2 years could spell disaster.

Jail Time

Although jail time for DWIs is somewhat less common than other penalties, it is still possible. For a first DWI, the judge has the discretion to send the defendant to jail or not. Many first-time offenders are shown leniency and do not have to spend time behind bars. The game changes for a second DWI conviction. The law requires a defendant to go to jail for no less than 48 consecutive hours and not more than 90 days. The maximum penalty could see you put behind bars for 3 whole months.

Avoiding or Reducing Penalties for a 2nd DWI in New Jersey

Many penalties for a second DWI are not exactly set in stone. The prosecutor must meet their burden of proof before any penalties may be imposed, and the judge has some discretion over just how serious the penalties may be. Some penalties might be avoided depending on the circumstances, while others are minimized.

Excluding Evidence

As with any criminal charge, a DWI must be proven by prosecutors with evidence. While prosecutors might have some evidence, they might not have enough. Prosecutors must prove the DWI beyond all reasonable doubt, which is a high bar to meet. If we believe there is not enough evidence, we can motion for the DWI to be dismissed. Alternatively, we can weaken the case against you by excluding evidence. Evidence may be excluded and not used against you if it is unlawful. For example, if the police seized evidence in a way that violates your rights, we can ask the court to exclude that evidence.

Plea Agreements

As of 2024, plea bargains are permitted in DWI cases in New Jersey. Up until very recently, plea deals or plea bargains were not allowed. However, now we might be able to work out a deal with prosecutors. Perhaps you can agree to plead guilty, and prosecutors can reduce the charges. Plea agreements are not always available, and they are usually available at the discretion of the prosecutor. If the evidence against you is already a little shaky, a prosecutor might be eager to offer a plea deal.

Arguments for Leniency

When a defendant is found guilty of a DWI, the judge may impose the sentence. This sentence is not rigid, and there may be some wiggle room for the judge to decide how harsh the sentence should be. For example, fines are usually imposed with a minimum and maximum range. If your second DWI is not very severe (e.g., you had a low BAC, and nobody was injured), the judge might be persuaded to be more lenient and impose penalties closer to the mandatory minimum.