Second And Third DUI Offenses

Second and Third DUI Offenses

All states have enhanced their penalties for driving under the influence during the past two decades. All states have also made some conditions of a conviction mandatory in some aspect, with some making all punishments mandatory. While the state of New Jersey did leave some room for a judge to reduce a charge in a first offense DUI case, that latitude is eliminated with second and third DUI offenses. Judges have the authority to increase penalties based on the material case facts, but statutes limit judicial ability to reduce penalties. What this means for the defendant is strict sentencing guidelines that can be difficult to defend without the right criminal defense attorney. That right attorney in central New Jersey comes from the Law Office of Stephen D. Williams.

Second Offense

First offense convictions are typically processed by the standard state minimums unless the case is particularly egregious, but second offenses is where punishment gets serious with long-term implications. Potential sentencing can include:

  • Mandatory 2-90 Day Incarceration
  • Mandatory 2-Year License Suspension
  • 30 Day Community Service Assignment
  • Intoxicated Drivers Education 12-48 Hours
  • $3000 Insurance Surcharge Over 3 Years
  • Installation of Ignition Interlock Device During and Following License Suspension Period

Third Offense

Conviction on a third DUI offense is even more enhanced than a second, and also can impact the defendant’s life for many years to come. Fines and potential jail time increases, as well as enhanced community service up to 90 days and a minimum fine of no less than $1000. Insurance surcharges increase to $4500. Alcoholic driver education and a mandatory jail sentence of 180 days are also included, along with installation of an ignition interlock device. But, the ultimate difference between a second and third offense conviction is the license suspension period of 10 years mandatory. This punishment potential alone makes it vital to defend the charge vigorously with an experienced DUI attorney handling the case who has a track record of hundreds of dismissed impaired driving cases.

Anyone in New Jersey who is facing a second or third DUI conviction should contact the Law Office of Stephen D. Williams for a full case evaluation. Our Flemington NJ criminal defense attorney has years of experience helping clients have fair consequences and that your rights are protected.

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