How Long Will I Go to Jail for a Second DWI in New Jersey?

In New Jersey, a DWI (Driving While Intoxicated) is a traffic offense, not a criminal charge. Despite this fact, the act is taken seriously and penalized appropriately for the danger that it causes. If you are charged with a second DWI in NJ you will face various penalties including jail time. Reach out to a Bergen County second DWI attorney to acquire representation during your case.

What Are the Penalties for a Second DWI?

New Jersey takes all drunk driving offenses seriously as they pose significant harm to not only the driver but the general public as well. A repeat offense will result in severe penalties and fines that act as both a punishment for the driver’s actions and a warning for the driver and others not to engage in similar behavior. The second conviction must occur within 10 years of the first to be considered a second offense.

The penalties for a second DWI in NJ will vary depending on the specific details of your case but in general, they can include the following.

• Fines ranging from $500 to $1,000
• Mandatory community service for at least 30 days
• Jail time
• 12 to 48 hours spent in an IDRC (Intoxicated Driver Resource Center)
• Suspension of driver’s license for at least 2 years
• Required installation of an IID (ignition interlock device) during license suspension and for 1 to 3 years after reinstatement
• Motor vehicle surcharge of $1,000 annually for 3 years
• $100 to the drunk driving fund
• $75 to the Neighborhood Services Fund
• $100 to AERF (Alcohol Education and Rehabilitation Fund)

The consequences of a repeat DWI offense are vast and costly. The combination of the above penalties can create significant hardships for a convicted individual.

How Long Will I Spend in Jail for a Second DWI?

The penalty that many people fear the most when being charged with intoxicated driving is a jail sentence. A second conviction of a DWI within 10 years of the first offense will result in imprisonment of 48 hours to 90 days. The actual amount of time you will be sentenced depends on various aspects of your case and your response to your charges.

Even a 48-hour jail sentence can have lasting effects on your daily life. Being convicted of any DWI can result in a loss of employment, make it more difficult to find a job, cause issues in your personal relationships, and more.

What Are Some Defenses for My DWI Case?

If you wish to avoid the full extent of the penalties associated with a second DWI conviction you must work with an experienced attorney to create a strong defense. Consider the following defensive strategies.

• The traffic stop was unlawful
• You were sober
• The breathalyzer was not recently certified or calibrated
• The officer was not authorized to administer the breath test
• The breath sample was tainted
• Lack of evidence

If you can cast enough reasonable doubt on the prosecution’s evidence you may be able to avoid a conviction. It may also be possible to negotiate for a lesser charge and accept a plea bargain without going to trial. Contact an attorney for more information.