When receiving a DUI in the state of New Jersey, you run the risk of obtaining a criminal record, regardless if it is your first, second, or third offense. Seemingly, the penalties, including your jail term, are heightened with each subsequent offense. Continue reading to learn what charges you may be facing if you receive a second-offense DUI conviction and how an experienced Middlesex County DWI attorney at the Law Offices of Michael A. Policastro can help you fight them.
What are the penalties for a second-offense DUI in New Jersey?
Evidently, the penalties for a second-offense DUI are more severe than that for a first offense. For instance, you may face up to 30 days of incarceration with a first-offense DUI, but this gets increased to up to 90 days with a second-offense DUI. With that being said, there is a mandatory minimum jail term of 48 hours, but the court has the discretion to allow the period to be served at the New Jersey Intoxicated Driver Resource Center (IDRC).
Additional penalties you may face with a second-offense DUI are as follows:
- Suspension of license for up to two years.
- Community service for up to 30 days.
- Ignition interlock device for one to three years.
- Engagement in the IDRC, which includes applicable fees.
- $1,000 yearly surcharge for up to three years.
- $500 to $1000 in fines.
- $100 fee for the Alcohol Education and Rehabilitation Fund.
- $100 fee for the Drunk Driving Fund.
- $75 fee for the Neighborhood Services Fund.
If you need assistance with defending your DUI conviction, do not hesitate in reaching out to one of the skilled Middlesex County criminal defense attorneys today. Our team can help you reduce or eliminate these charges altogether.
What if my second-offense DUI is 10 or more years after my first offense?
Notably, for the second DUI conviction in the state of New Jersey, there is a “step down” provision that requires the court to sentence the offender as a first offender if the most recent conviction occurred more than ten years after the most recent prior. If this is the case, you would receive first-offense DUI penalties.
What other factors can escalate my second-offense DUI conviction?
For drivers under the legal drinking age of 21, being caught driving with even a little alcohol in your system (0.01% BAC or more) can still subject you to serious consequences. Such penalties may include license suspension for 30 to 90 days, fines, 15 to 30 days of community service, and participation in the IDRC and related fees. If you are caught subsequent times, the consequences evidently get worse.
Additionally, the penalties are increased if the offense involved a minor passenger or occurred near a school.
Contact our experienced New Jersey firm
When someone is charged with a crime, they have a lot to consider. However, we understand that everyone makes mistakes, which is why we are here to help. No matter your circumstances, if you are facing criminal charges, contact the Law Offices of Michael A. Policastro today for the experienced legal counsel you deserve and need.