Third or Subsequent Offense

West Windsor NJ Third Offense DWI Defense Lawyer

A DWI charge is particularly serious when it is a third or subsequent offense. The primary reason is because N.J.S.A. 39:4-50 imposes a 180 day jail sentence for a third offense. A municipal court judge presiding over your case in West Windsor, Hamilton, Lawrence, Trenton, Robbinsville or another Mercer County municipality has no discretion to suspended this term of incarceration so it is absolutely imperative that you hire a defense lawyer with the ability to defeat the charge. The attorneys at The Law Offices of Jonathan F. Marshall include some of the most highly trained and experienced DWI attorneys in the state with several who are former drunk driving prosecutors and are dual certified on both the Alcotest and in Field Sobriety Testing. To speak to an attorney that will aggressively defend your offense, including filing post-conviction applications to reopen your prior cases, contact us anytime 24/7 for a free consultation. Call us at 609–683–8102 to speak to one of our lawyers in a free consultation now.

License Suspension for a Third DWI Offense in Trenton

There is a mandatory 10 year loss of your driver’s license for a third or subsequent DWI conviction in New Jersey. The law does not provide judges with any measure of discretion in deciding the length of the period of suspension. There is no hardship or work licenses allowed in New Jersey, therefore, during that time period the defendant cannot operate a vehicle for any reason. If the defendant is caught driving a car during the period of DWI suspension, they will be charged with an enhanced Driving While Suspended which is a fourth degree indictable offense punishable by a mandatory jail sentence of which 6 months must be served without parole eligibility. New Jersey law requires that the defendant be informed of all these consequences both orally and in writing by the sentencing judge after sentence has been imposed. If the defendant is not properly informed it could allow a defense lawyer the basis to retroactively go back and look to have the old conviction vacated or an order signed so that it may not be used for enhancement purposes for jail time. The suspension will begin immediately on the date of the guilty plea or conviction for the third offense. The ten-year suspension must be served consecutively to any pre-existing suspensions. The court may, in its discretion, issue a temporary license for the sole purpose for the defendant to drive straight home. If the defendant holds a license from another state, then the court will not collect the defendant’s license but will suspend the defendant’s driving privileges in this state for 10 years and the court will then notify the defendant’s home state of the conviction.

Mandatory Jail Sentence for a Third Offense DWI in Robbinsville or Another Mercer County Municipality

A conviction for a third or subsequent DWI offense carries a mandatory term of incarceration for 180 days. The only available relief from the mandatory 180-day sentence is a discretionary day for day credit of up to 90 days that a defendant can receive for time spent in a residential, in-patient drug or alcohol facility. The facility must be approved by the Intoxicated Driver Resource Center. However, the inpatient rehabilitation program is completely at the discretion of the court and normally requires a formal motion which can usually be worked out by way of a plea deal. As a matter of routine practice, our defense lawyers often advise our clients to seek enrollment in an inpatient rehabilitation program as soon as possible because it can often take months for a spot to open up. If the available evidence indicates that the case will be resolved by way of a plea, it is sometimes recommended that a the third offender defendant should enter the program well in advance of his or her plea and sentence date. This allows the defendant to bring proof of completion of any program so that the defendant does not have to risk spending unnecessary time in jail.

Third Offense DWI Fines & Monetary Penalties

The total monetary sanctions for a third offense DUI include fines and mandatory assessments which the include:

IDRC Classes

In many ways, third and subsequent convicted intoxicated drivers are the people who need the services of the Intoxicated Driver Resource Center (IDRC) the most. Yet, because of the mandatory nature of the other aspects of their sentences, there is little meaningful incentive for them to voluntarily participate in the program. Third or subsequent offenders are required to participate in the IDRC as part their sentences. As is the case with second offenders, there is a per diem program fee that must be paid to the IDRC. A defendant who fails to pay the required program fee, fails to his complete IDRC or any required aftercare treatment will be subject to additional jail time and an indefinite continuation of driver’s license suspension.

Ignition Interlock Obligation on a Third or Subsequent Offense

For a third or subsequent offense, the court will order that the ignition interlock device be installed in your vehicle for a period of one year to three years which should begin after your drivers license has been restored. You are responsible for paying the installation fee, the cost for monitoring the device, or any fees for calibration or removal of the device. During the required ignition interlock period which is order, you cannot operate a vehicle unless it also has a interlock device. If you are convicted of operating a motor vehicle without a device you will your driving privileges for an additional one year. This same sanction would apply if the defendant starts his or her vehicle in any manner other than by personally blowing into the device. Defendants who are caught tampering with their interlock devices will also be prosecuted for a disorderly person offense. Moreover, DMV will continue the suspension of your driver’s license indefinitely if you do not provide them with proof that the interlock device has been properly installed and maintained in your vehicle.

Ewing Township Third Offense DWI Attorney

Ewing Township is one of the busier DWI jurisdictions in Mercer County so it is understandable that our lawyers are extremely familiar with its municipal court. Indeed, The Law Offices ofJonathan F. Marshall is one of the largest DWI defense firms in the state with offices located in Princeton, Hamilton and Lawrence Township. The attorneys on our team have decades of experience defending clients charged with a third offense DWI and stand ready to do what it will take to keep you out of jail. Odds are that our effort will achieve this objective so it definitely in your interest to obtain a free consultation from an attorney. Call us anytime 24/7 at 609–683–8102 to speak to a lawyer immediately.