Repeat DUI Offenses: Legal Strategies and Consequences

A first-time DUI/DWI is a hassle and the penalties can vary depending on the circumstances. However, repeat offenses are taken very seriously in New Jersey. Getting caught driving under the influence (DUI) multiple times within a 10-year time span comes with much harsher punishments.

At the Law Office of f Matthew V. Portella, LLC we can help you at any stage of your DUI case, even if you’ve been convicted before. We fight for clients throughout New Jersey and explore all options to minimize the impact of a repeated DWI offense.

What Happens If You Get a Second DUI in New Jersey?

A second DUI conviction can land you with a fine between $500 and $1,000, along with the possibility of a  minimum of jail time ranging from two to 90 days. On top of that, your license will be suspended for 12 to 24 months. You’ll also be required to spend two days straight at an Intoxicated Driver Resource Center, complete 30 days of community service, and pay a hefty auto insurance surcharge of $1,000 annually for three years.

As an added restriction, you’ll  need an ignition interlock device installed in your car for 2-4 years. This device requires a breath test to start the engine, ensuring you’re sober before driving.

Third DUI Offense in New Jersey

If you’re convicted of a DUI three or more times, you’re considered a habitual drunk driver in New Jersey and face severe mandatory penalties. These include a $1,000 fine, a minimum of six months in jail, and a lengthy eight-year license suspension. You’ll also be court-ordered to attend an in-patient alcohol treatment program to address the underlying problem.

Community service remains mandatory for 30 days, and additional fees have to be paid to the Intoxicated Driver Resource Center. Your car insurance rates may increase, and you will be required to pay a surcharge of $1,500 annually for three years to the NJ Motor Vehicle Commission. Similar to a second offense, an ignition interlock device will likely be required for 2-4  years.

What is the Best Defense Against a Repeated DUI?

Even if the situation seems tough while facing repeat DUI offenses, you still have a chance to fight for a better outcome. Some key areas where you can build a strong defense with the help of an experienced DUI attorney:

• Did the Police Have a Reason to Pull You Over? Police need a legitimate reason to suspect you’re intoxicated or violating traffic laws. If the stop was illegal, any evidence obtained (like field sobriety tests) might be thrown out, potentially leading to a dismissal of the charges.
• Field Sobriety Test Inconsistencies: Those roadside tests aren’t mistake-proof. Weather conditions, uneven surfaces, or even pre-existing medical conditions can affect your performance. DUI lawyer will analyze the details of these test results and identify any weaknesses that can cast doubt on test accuracy.
• Alcotest Protocol Issues: Breathalyzers/Alcotest and blood tests have strict protocols. Any deviation from proper procedures, like expired calibrations or unqualified personnel, can lead to unreliable results. DWI lawyer will scrutinize these details and fight to have any flawed test results excluded from evidence.

Remember, the burden of proof is on the prosecutor to convince the court you’re guilty beyond a reasonable doubt. This applies to DUI charges as well. If any of the issues we mentioned lead to evidence being thrown out, the prosecutor might not have enough proof left to convict you. In these situations, your DUI attorney can argue these points in court to challenge the case against you.

Can Rehab Programs Reduce Penalties for Repeat DUI Offenses in New Jersey?

Rehabilitation programs can’t guarantee leniency for repeat DUI offenses but they still can be a valuable strategy. Enrolling in treatment programs shows the court you’re taking responsibility and working to address the underlying issues. This can influence the judge’s decision, potentially leading to some leniency within the sentencing framework. Still consulting with a DWI attorney is better, as they can assess your specific situation and develop the most effective defense strategy.

Free Consultation for Repeat DUI Offenses

Facing a repeat DUI charge? Don’t wait. Contact the Law Office of Matthew V. Portella, LLC today for a free consultation. We’ll fight tirelessly to protect your rights and explore all possible defense strategies.