Third or Subsequent DWI Offense

New Jersey DWI, DUI & Refusal Lawyers

Third or Subsequent DWI Offense

If you have been charged with a third or subsequent DWI in New Jersey, contact the Law Offices of John Marshall for immediate legal assistance.  A New Jersey lawyer knowledgeable on the subject of a third offense for dwi in NJ is available to answer any questions which you may have.  The following is intended to provide relevent information concerning a third dwi offense in New Jersey.

The New Jersey Drinking and Driving Statute, N.J.S.A. 39:4-50, provides:

(a) Except as provided in subsection (g) of this section, 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:

(3) For a third or subsequent violation, a person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years. For a third or subsequent 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 e t al.) or shall have his registration certificate and registration plates revoked for 10 years under the provisions of section 2 of P.L.1995, c. 286 (C.39:3-40.1).

A third conviction for DWI or DUI in New Jersey carries a ten year loss of license and possibly a permanent loss of your New Jersey Driver's License depending on the circumstance of the conviction. It also requires a term of incarceration depending on your participation in a rehab program. In order to provide the best legal defense to your third DWI or DUI offense in NJ, our criminal defense lawyers must examine your prior convictions and determine whether proper procedures were followed. It is possible to challenge one of the prior driving while intoxicated or driving under the influence convictions and therefore have you classified as a NJ first or second offender rather than a third. For further information on offender classification, please see the Knowledge Based Article on Strategies for Defending a Third DWI Offense written by John Marshall. Moreover, if one of your prior charges is for a Refusal, rather than a DWI, this can effect your classification as a repeat offender and can significantly lower the penalties you are facing.

A pending drinking and driving charge in New Jersey can be challenged in many ways. Please contact our experienced criminal defense attorneys for a free initial consultation. Our lawyers will determine if there was a proper traffic stop, if there was probable cause to believe that the driver was intoxicated, whether the breath test results may be challenged, if the breath test machine was properly calibrated, and many other possible defenses.  It is imperative that you avail yourself of a proper defense to a third drunk driving charge and a DWI lawyer from our office will be happy to assist you.  Please do not hesitate to contact the Law Offices of John F. Marshall for a free initial consulation.  An attorney from our office is accessible from almost anywhere in NJ including Monmouth County, Middlesex County, Union County, Somerset County, Morris County, Essex County and Ocean County.