NEW JERSEY CRIMINAL LAWYERS

NJ NEW JERSEY DUI SENTENCING & THE 10 YEAR STEP-DOWN

Challenging Harsh Penalties for Multiple DWI Convictions

Driving while intoxicated or driving under the influence is a serious offense that can result in severe penalties like hefty fines, license suspension, and even jail time. If you are an individual with multiple DWI convictions, you could face further escalating penalties. However, at Spodek Law Group, we offer legal services to help our clients challenge these prior convictions to minimize the potential penalties faced.

Understanding New Jersey’s DWI Law

In New Jersey, there is something called a “step-down” law, which allows the elimination of a DWI or DUI conviction for sentencing purposes if an individual does not commit another offense for ten years. Unfortunately, there is an exception to this rule when someone accumulates their third DWI or DUI conviction. As per a decision by the New Jersey Appellate Division on State v. Burroughs, someone will not qualify for a ten-year step-down unless ten more years have passed between their second and third conviction of driving under the influence or driving while intoxicated.

When it comes to third or subsequent offenders in New Jersey, sentencing becomes considerably more complicated when evaluating the step-down rule. The mandatory 180-day jail sentence still applies unless ten more years have elapsed between their second and third conviction. This court ruling implies that individuals cannot benefit from the step-down rule if they acquire a third DWI or DUI conviction except in specific situations.

At Spodek Law Group, we often question whether incarcerating someone for 180 days is fair when they were already deemed first-time offenders following their second conviction by court order. In such cases where our clients are facing incarceration as third-time offenders despite already being classified as first-time offenders due to the step-down rule after two previous convictions of driving under the influence or driving while intoxicated, we have successfully challenged these rulings on behalf of our clients.

Expert Legal Assistance

At Spodek Law Group in New Jersey, we are experts in DWI laws and take on cases to get our clients the possible outcome. Contact us today for a free initial consultation if you’re facing a DWI charge or have prior DWI convictions. We can help with Post-Conviction Relief for Prior DWIs, Second Offense DWI, and Third Offense DWI.

Penalties for Driving While Intoxicated

Driving while intoxicated or driving under the influence is unlawful in New Jersey. The state has some of the strictest laws concerning driving while intoxicated in the US. Penalties range from hefty fines to jail time and license suspension based on several factors like blood alcohol content (BAC), whether someone has prior DWI convictions, and if there were any fatalities during the incident.

The penalties for an offense related to driving while intoxicated are divided into two categories – administrative and criminal penalties.

Criminal Penalties

These are legal penalties that come into play once an individual gets involved in an offense relating to driving under the influence. The penalties include:

First Offense: First-time offenders can face fines ranging from $250 – $400, which also leads to a suspended license of three months to one year.
Second Offense: For second-time offenders, they’ll face between $500 – $1000 in fines and have their licenses suspended for two years.
Third Offense: If someone commits this offense thrice, they’ll pay up to $1000 in fines in addition to serving mandatory 180 days behind bars.
Fourth & Subsequent: Anyone convicted four times or more will face up to $25,000 in fines alongside losing their license for ten years.

Administrative Penalties

On the other hand, these penalties are imposed by Department of Motor Vehicles (DMV) instead of criminal court but can be more severe than criminal charges regarding penalties. They include:

First Offense: Depending on a person’s BAC, an individual in their first offense occurrence can have their license suspended between three months to one year.
Second Offense: Those commuting the second time will lose driving privileges for over two years.
Third Offense: After a third conviction, drivers will lose their licenses for ten years.
Fourth & Subsequent: Fourth-time offenders or more will permanently lose their driving privilege.

Conclusion

If you’re facing DWI charges in New Jersey, the consequences could undoubtedly be life-altering. At Spodek Law Group, we have the requisite experience dealing with these cases and ensuring your rights are protected. Contact us today so that we can help you with your DWI charges or other legal issues.