Drivers who have been charged with DUIs or DWIs in New Jersey may face some pretty harsh penalties, not to mention public shame and embarrassment. Some drivers, unfortunately, are charged a second time, and the penalties may be even harsher. Even so, your attorney may be able to help. A second DWI can disrupt your life in some pretty significant ways.
The penalties for someone’s second DWI offense involve higher fines, longer license suspensions, and more potential jail time. To make matters worse, the court is far less likely to show any leniency if this is your second DWI. After all the penalties have been completed, you have to reapply for your license, and it is not guaranteed you will get one. To make matters worse, DWIs cannot be expunged, and they will remain on your driving record forever. Your attorney can work with you to hopefully mitigate some of these penalties or even beat the DWI in court.
For a free case review for no charge, call Lombardo Law Group, LLC at (609) 418-4537 and talk to our Atlantic City, NJ DUI and DWI defense lawyers.
Penalties for a Second DWI or DUI in NJ
DWIs in New Jersey are technically not considered criminal offenses as they are classified under the vehicle code, not the criminal code. Even so, they often come with very serious penalties. The more DWIs you have on your driving record, the harsher the penalties. For people facing their second DWI, penalties include increased fines, more time behind bars, and losing your license, among other possible consequences.
According to N.J.S.A. § 39:4-50(a)(2), the fines for a second DWI may be no less than $500, but they must be under $1,000. This is incredibly expensive, especially for someone who might already be in a precarious financial situation. Exactly where your fines fall on this range depends on the various factors surrounding your case. Talk to our Glassboro, NJ DWI and DUI lawyers about any mitigating factors surrounding your case that we might use to persuade a judge to impose more lenient penalties and fines.
The court may also require you to perform community service for 30 days. What this service entails and where it takes place may be up to the court. Community service is sometimes considered a nonserious penalty, but it can be difficult and time-consuming. If you fail to fulfill your community service requirements, the court will unlikely be lenient.
Jail time becomes a very real possibility for people facing their second DWI. Typically, a court may sentence a defendant to jail for no less than 48 consecutive hours. The court may also sentence someone to up to 90 days behind bars. This is 3 months of your life.
While most people know that DWI penalties often include a suspension of your driver’s license, they often underestimate just how long you may lose your driving privileges. Your driver’s license may be suspended for at least 1 year but not more than 2 years.
What Happens After a Sentence is Completed for a Second DUI or DWI in NJ?
When someone completes a sentence or fulfills all required penalties for a DWI, they might think that the worst is behind them and they can return to their normal life. Unfortunately, this is not always true. DWIs have a nasty habit of following people around for years and affecting numerous aspects of their lives.
First, it is not guaranteed that you will get your driver’s license back. After your suspension is complete, which may take between 1 and 2 years, your license will not be restored automatically. You must reapply for your license to the New Jersey Motor Vehicle Commission. On top of that, the Chief Administrator of the New Jersey Motor Vehicle Commission may deny your application for a license at their discretion. This would leave you with no license and no way to drive.
If you get your license back, you may have to install an ignition interlock device in your vehicle to keep your license. This device is like a breath test device that connects directly to your car and prevents it from starting if alcohol is detected on your breath. You must blow into this device whenever you want to drive your car. You must also pay the costs of installation and maintenance.
People who have completed certain criminal sentences might be eligible to have their records expunged. An expungement would wipe certain charges from your record, and courts must seal all documents related to the charges, conviction, and arrest. Unfortunately, DWIs cannot be expunged because they are not considered criminal offenses. This means that your DWI will remain on your driving record forever. If you are ever charged with a DWI in the future, your penalties will only become harsher.
How to Minimize Penalties for a Second DWI or DUI in NJ
Considering how severe the penalties for a second DWI can be, it is imperative that you speak to an attorney about your case. Your lawyer can help you develop effective defense strategies to avoid being convicted of the DWI or at least minimize the penalties as much as possible.
If possible, your attorney can help you work to avoid the DWI altogether so you do not have to endure any penalties. One method is to challenge the evidence against you. For example, one of the most important pieces of evidence in the prosecutor’s case is likely your blood alcohol concentration (BAC). Tell your lawyer if your BAC measurements are incorrect or should not be trusted. Maybe the testing equipment was faulty. Maybe the police physically forced you to submit to testing, which they are not allowed to do. If we can exclude your BAC from the case, the prosecutor will have a harder time proving the DWI.
Another strategy is to challenge the assertion that this is your second DWI. When prosecutors count DWIs on a person’s driving record to determine penalties for a current charge, they may only consider DWIs within the past 10 years. If your first DWI occurred more than 10 years ago, it should not be counted. In that case, the current DWI would be charged as if it were your first, with less severe penalties.
Speak to Our NJ DWI and DUI Defense Attorneys for Help Today
For a free case review for no charge, call Lombardo Law Group, LLC at (609) 418-4537 and talk to our Linwood, NJ DUI and DWI defense lawyers.
