A second offense driving while intoxicated (DWI) charge in New Jersey is governed by N.J.S. 39:4-50 which provides in pertinent part:
(2) For a second violation, a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for two years under the provisions of section 2 of P.L.1995, c. 286 (C.39:3-40.1).
As the above statute details, a second offense driving while intoxicated (DWI) charge in New Jersey includes the following penalties:
- Fine: $500.00 to $1,000.00
- License suspension: Two (2) years
- Thirty (30) days community service
- Jail: 48 hours to 90 days
- New Jersey DMV Surcharge: $1,000.00 per year for three (3) years
- Ignition Interlock device: During the period of suspension and one (1) to three (3) years following the license suspension.
A second offense for drunk driving in New Jersey has serious consequences. There are many ways for an experienced criminal defense lawyer to challenge these charges. Our criminal trial team is composed of former municipal prosecutors who tried many DWI cases in Municipal Court over the years. As a result, our attorneys can challenge the probable cause for the stop, the field sobriety tests, and the foundational documents for the Alcotest machine.