Second Offense DWI Within 10 Years of Previous Violation Including Out Of State Offenses:
Just to be clear, the ten year step down has its limitations. The 10 years step down only provides for “one step” down. Therefore, if it has been 10 years since your last DWI Offense and your last Conviction was for a third offense, the current charge will be treated as a second DWI offense. If you are charged with a second offense DWI in NJ and it had been ten years since your last conviction in this state or any other, you will be treated as a first offender.
Secondly, If you are charged with a DWI offense in NJ within 10 years of receiving a step down in connection with the prior offense, the instant offense will be treated as if you never received the step down. For example, if you were convicted of a first offense in 1997 and were arrested in 2008 for a second time, the court would apply the rule and treat the defendant as a first offender. However, if in 2009 you were arrested and charged once again with DWI in NJ, you would be subject to third offense DWI penalties. Even though you were treated as a first offender on the last offense, the court will not treat the most recent offense as a second.
Penalties for Second Offense DWI
- $500 to $1000 fine
- Loss of license for 2 years
- imprisonment of not less than 48 hours which may be served by completing the IDRC (Intoxicated Driver Resource Center) education program courses
- In addition to the above, the court may sentence the defendant to up to 90 days in jail
- Court shall order either the installation of an ignition interlock device for not less than 1 year, or shall revoke registration privileges for 2 years
- Stautory fines same as first offense
If convicted of a second offense the court will suspend your license for 2 years. Unlike first offense DWI in NJ, suspension for a second offense is not a tiered penalty structure.
Losing your license for two years and the possibility of 90 days in jail make second offense DWI penalties just as harsh as many criminal offenses when it comes to the possible penalties imposed. If you have been arrested and charged with DWI in NJ and need information about the law and how it works, call attorney Todd Palumbo for a free consultation.