Third Offense DWI Penalties In NJ – Third Offense DWI NJ – What are the penalties for third offense DWI in NJ?
“What are the penalties for a third offense DWI in New Jersey?”
If you’re being arrested for a third DWI in New Jersey, the penalties are the same regardless of your blood alcohol content.
These are the penalties for a third DWI offense in NJ at a BAC level of 0.08% and above:
- Fines totaling $1,000
- Jail time for 180 days
- Loss of driver’s license for ten (10) years
- IDRC is determined on a case-by-case basis
- Mandatory interlock device for 1 to 3 years (in addition to the period of license suspension)
Potential Defenses to My 3rd DWI in New Jersey
First, we need to determine how many prior DWI offenses you have on your record. If some of your DWI charges are more than 10 years ago, there is a chance that the 10 year step down rule applies and you will not be considered a third offender for sentencing purposes. Also, if one of more of your DWI offenses was committed in another states, those DWI charges may not count as prior DWI convictions under New Jersey law. For example, a driving while impaired in New York does not necessarily qualify as a prior DWI offense under New Jersey law.
Then, we need to look at your prior DWI convictions and see if there were any issues with them. Were you represented by counsel? Were you properly advised of the penalties for subsequent offenses? Was a proper factual basis placed on the record during your plea before the judge?
If any of these things were not properly done, a motion can be filed in those original courts to try and re-open them or to avoid the jail time on your current offense.
Finally, on the mandatory 180 jail sentence in the county jail, you can potentially serve 90 days of that sentence in a rehab facility instead of a jail.
Need Lawyer – Facing 3rd DWI Charge in NJ
The Tormey Law Firm is a team of New Jersey DWI Attorneys, including a former DWI prosecutor, fighting on your behalf. We fight cases with our intention being to win, not to take deals. For more information please call our office for a free consultation about your case.