On December 1, 2019, a significant set of changes to New Jersey’s DWI/DUI laws occurred. These changes provide for new penalties for second, third, and subsequent DWI/DUI offenses. These changes can significantly impact a person’s driving privileges and their freedom, especially if they already have a DWI or DUI conviction on their record. If you are charged with a second, third, or subsequent DWI/DUI, it is imperative that you understand the potential penalties of a conviction.
Keep reading for a review of some of the updated penalties.
2nd Offense DWI/DUI Penalties
When convicted of a second DWI/DUI, the penalties may include fines, a loss of driving privileges, jail time, enrollment in New Jersey’s Intoxicated Driver Resource Center (IDRC) program, installation of an ignition interlock device (IID) on your car. You will also be charged administrative fees and surcharges. Depending on the circumstances of your cases, the amounts and periods for each penalty may vary.
Penalty ranges for a 2nd DWI/DUI conviction include:
- Fines: $500-$1000
- Loss of driver’s license: 1-2 years
- Ignition interlock device: throughout the period of license forfeiture and for 2-4 years after license is restored
- IDRC: in accordance with treatment classification – usually 48 hours
- Jail sentence: 2-90 days – the courts may authorize 2 days served in DIRC
- Other financial assessments: SNSF - $75 and VCCO - $50
- Other financial surcharges: DWI surcharge - $125, DDEF surcharge - $100, MVC surcharge - $1,000/year for 3 years
3rd or Subsequent Offense DWI/DUI Penalties
If convicted of a third or subsequent DWI/DUI offense, the types of penalties faced are the same, but the severity of those penalties is enhanced. In particular, the associated fines, jail sentencing, and loss of driving privileges are significantly increased.
Penalty ranges for a 3rd or subsequent DWI/DUI conviction include:
- Fines: $1000
- Loss of driver’s license: 8 years
- Ignition interlock device: throughout the period of license forfeiture and for 2-4 years after license is restored
- IDRC: in accordance with treatment classification
- Jail sentence: 6 months – up to 90 days may be served in an IDRC approved in-patient program
- Other financial assessments: SNSF - $75 and VCCO - $50
- Other financial surcharges: DWI surcharge - $125, DDEF surcharge - $100, MVC surcharge - $1,000/year for 3 years
What to Do if You Are Charged with a DWI or DUI
In New Jersey, a DWI and DUIs are considered some of the most serious traffic violations. Consequently, DWI/DUI charges are prosecuted aggressively, and the courts are known for handing down significant penalties. No matter if this is your first, second, or third offense, DWI/DUI charges should always be taken seriously. With these recent changes in the penalties for 2nd, 3rd, and subsequent violations, you want to do everything you can to avoid a conviction. It is also never recommended that you represent yourself, even if you feel that your innocence is self-evident.
If you are arrested for a DWI or DUI, your first step should be to call a lawyer. The Law Office of Louis G. DeAngelis, LLC is highly experienced in defending DWI/DUI cases in New Jersey, and we are prepared to help you with your case. Contact us by calling (201) 254-8484 or send us a message online to discuss your case and how we can help defend you against a DWI conviction in court. Se Habla Español.