Palisades Interstate Park Second Offense DWI Defense Lawyer
Charged with a 2nd DUI in Bergen County?
New Jersey prosecutors take DWI offenses extremely seriously, often prosecuting those accused of these violations to the fullest extent of the law. If you have been accused of drunk driving or driving under the influence of drugs in New Jersey, you could be subject to severe penalties, including a lengthy suspension of your driver’s license and mandatory jail time. In addition, if this is your second offense for a DWI, the penalties are enhanced. With these potential consequences hanging over your head, it is imperative that you speak with a knowledgeable DWI defense attorney about your case as soon as possible.
Experienced DWI Defense Attorneys in Hackensack, New Jersey
The attorneys at Bergen County’s Tormey Law Firm have extensive experience representing clients charged with alcohol-related offenses, including first offense DWI, driving under the influence of drugs, and underage DWI. Mr. Tormey and his defense lawyers appear in New Jersey courts on a regular basis, including courtrooms in Mahwah, Palisades Park, and East Rutherford. In addition, Mr. Tormey is one of just a handful of New Jersey attorneys who are certified Alcotest 7110 operators. The Alcotest is the breath testing device used by law enforcement throughout the state. He knows the components of the machine, how it works, and if there are any issues with the functioning of the breath testing device. This knowledge and expertise can be used to attack the reliability of the breath test result in your case.
With offices conveniently located in Hackensack, the skilled attorneys at The Tormey Law Firm are always available to provide free consultations. Simply call (201)-330-4979. You can also use the online contact form or schedule an appointment to meet with us at our offices. Also, to learn more about New Jersey DWI Law, view Mr. Tormey’s information DWI series on YouTube.
Second Offense DWI in New Jersey: The Statute
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:
§ 39:4-50. Driving while Intoxicated (DWI)
(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 one to 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).
What Are the Penalties for a Second Offense DWI in New Jersey?
The legal limit in New Jersey is .08 percent Blood Alcohol Content (“BAC”). If your BAC is above .08 percent and this is your second DWI offense, you face the following penalties:
- Fine: $500 to $1,000
- License suspension: One to Two years
- Community Service: 30 Days
- Jail: 48 hours to 90 days
- New Jersey DMV Surcharge: $1,000 per year for three years
- Ignition Interlock device: During the period of license suspension and two to four years following the license suspension.
Note: If your first offense was committed 10 or more years ago and you commit another DWI offense, your new offense can be treated as a first offense based on a “ten-year step-down.”
How to Fight a 2nd DUI Charge in Bergen County NJ
To prosecute a DWI or DUI case, the state must convince a judge that the driver was mentally and physically impaired while driving a vehicle, or the driver registered a BAC of .08% or higher, which is per se (by law) a violation of New Jersey law. Proving that someone was impaired so much that they could not safely drive a vehicle is subject to interpretation, however. The prosecution usually relies on police evidence from the stop and field sobriety test. A good DWI lawyer, however, can challenge the police findings, conclusions, and procedures. The circumstances and characteristics of the driver may show that the conditions of the field sobriety test were skewed, say, on gravely slanted ground or otherwise stacked against the driver. A defense lawyer can also challenge the tests, whether blood, breath, or urine, used to determine BAC by questioning the collection and maintenance practices of the police and prosecution to cast doubt on the accuracy of the reading. You should have your second offense DWI case reviewed by an experienced New Jersey DUI defense attorney who can determine the best ways to beat these serious charges against you. Contact us today if you would like to speak with a renowned Bergen County DWI lawyer about your case at no cost.
Schedule a Free Consultation with an Experienced Fort Lee, NJ DWI Defense Lawyer
Do not risk your freedom or your future. You do not want to have to spend the rest of your life explaining a DWI conviction to friends, family, co-workers, and employers. If you have been charged with drunk driving in New Jersey, contact the Tormey Law Firm today at (201)-330-4979. You can also fill out our online contact form to arrange a free, in-person meeting at our Hackensack offices to discuss your charges.