Second Offense DWI Attorney in NJ
Individuals who have been convicted with a DWI understand how serious this situation is. That being said, some people don’t learn their lesson the first time and find themselves charged with a second offense. Just like with other crimes, the greater number of convictions an individual has on their record, the more severe the consequences of the DWI conviction will be. The penalties for a second offense DWI are even more serious and often have an even greater impact on an individual’s life. If you have been charged with a second offense DWI in New Jersey, it is essential to retain the services of an experienced criminal defense attorney. The Law Office of Attorney Conway can effectively assess your case, explore all defenses, and fight your charges. Contact our firm today for quality legal assistance.
Penalties of a Second Offense DWI
Individuals who drive under the influence of alcohol are subject to very serious consequences, especially when they have a previous offense on their record. The courts are very harsh on multiple offense drunk drivers and often impose significant penalties. If an individual is convicted of a second DWI within 10 years of the previous offense, they may face the following consequences:
- Up to 90 days of jail time
- A 1-2 year loss of license
- Interlock device installation during the term of license suspension
- 2-4 years interlock installation after privileges restored
- A $1000 yearly surcharge for 3 years
- 48 hours in the Intoxicated Driver Resource Center
- A $500-$1000 fine
- A $100 Alcohol Education and Rehabilitation Fund fee
- A $100 Drunk Driving Fund fee
- A $75 Neighborhood Services Fund fee
Ignition Interlock Device
When an individual has more than one DWI on their record, they are required to install an ignition interlock device on their vehicle. An interlock device requires the driver to take a chemical breath test each time they get into the car before they can turn on their vehicle. If there is any alcohol above 0.01 percent detected, the car will not start. These devices are required for installation throughout the period of time that the driver’s license is suspended and for 1-3 years after their license has been restored.
When an individual hires an experienced attorney after being charged with driving while intoxicated, the attorney will often explore a number of different defenses to fight on behalf of the accused. A few of the defenses that our firm routinely uses when representing DWI cases include the following:
- The 20-minute rule: Law enforcement officers are required to observe the individual they suspect is intoxicated for at least 20 minutes before they can administer a chemical breath test. During observation, they must look for signs of regurgitation, something that can skew the results of a breath test. Once 20 minutes pass without any burping or vomiting, the officer can administer the test with confidence that the results are accurate. Deviation from the 20-minute rule can make the evidence inadmissible in court.
- Illegal stops: You cannot be stopped by police officers unless they have probable cause. Your 4th amendment rights are at stake. When an officer stops you for no reason and you are arrested, the evidence against you may be inadmissible in court.
- Field sobriety tests: Field sobriety tests are a way for an officer to assess the probability of one’s intoxication in a non-scientific way. Simply put, it provides clues instead of facts. Unfortunately, these tests can be used against you. In our defense strategy, we always look to see if the officer followed the proper protocol. If an officer failed to conduct these tests properly, the related findings may not be admissible in court.
Contact a NJ DWI Attorney
If you have been charged with a DWI for the second time in New Jersey, it is of the utmost importance to speak with an experienced defense attorney. DWIs cannot be plea bargained in court. This means you need an effective attorney that can fight the admissibility of any evidence and help free you of these charges. The fact that this could be your second DWI is devastating. We will fight these charges and exhaust every avenue to help free you of this significant burden. The Law Office of Attorney Conway has decades of experience fighting on behalf of clients with one or more DWI’s on their record. If you need an attorney that is committed to exploring all possible defenses, contact The Law Office of Attorney Conway today.