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Third Offense DWI in New Jersey – N.J.S.A. 39:4-50

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Garfield Third Offense DWI Defense Attorneys 

Drunk-Driving Defense Lawyers in Bergen County, New Jersey 

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Third Offense DWI Bergen County NJ

New Jersey law enforcement officials have initiated a significant crack-down on drunk driving offenders in recent years. As a result, traffic patrol officers are conducting more stops than ever, and New Jersey prosecutors are relentlessly pursuing defendants in DWI cases. If you have been charged with a third offense DWI, do not delay in speaking with an experienced DWI lawyer.

The attorneys at The Tormey Law Firm, with offices in Bergen County, New Jersey, have extensive experience representing clients charged with alcohol-related offenses, including second offense DWI, refusal to submit to a breath test, and DWI in a school zone. Mr. Tormey and his defense lawyers appear in New Jersey courts on a regular basis, including courtrooms in Elmwood Park, Palisades Interstate Park, and Fort Lee. 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.

Third Offense DWI in New Jersey: N.J.S.A. 39:4-50

A third offense driving while intoxicated (DWI) charge in New Jersey is governed by N.J.S.A. 39:4-50, which provides, in pertinent part:

§ 39:4-50. Driving while Intoxicated (DWI)

(3) For a third or subsequent violation, a person shall be subject to a fine of $1,000.00, and shall be sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse, except that the court may lower such term for each day, not exceeding 90 days, served participating in a drug or alcohol inpatient rehabilitation program approved by the Intoxicated Driver Resource Center and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for 10 years. For a third or subsequent 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 10 years under the provisions of section 2 of P.L.1995, c. 286 (C.39:3-40.1).

Penalties for a Third or Subsequent 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 third DWI offense, you face the following penalties:

  • Fine: $1,000
  • Jail: 180 days
  • License Suspension: 10 years
  • Ignition interlock device: Mandatory period of one to three years, with device installed during period of license suspension and an additional one-to-three-year period
  • Intoxicated Driver Resource Center (IDRC): In accordance with individual treatment classification

Note: If your first offense or second offenses were committed 10 or more years ago, you may be entitled to a “ten-year step-down,” which would allow you to be sentenced as a first- or second-time offender as opposed to a third-time offender.

Speak with an Experienced Mahwah DWI Defense Lawyer Today

DWI charges in New Jersey need to be taken seriously because the penalties can be severe and the collateral consequences significant. In addition, if you have a previous conviction for drunk driving, the penalties associated with a new set of charges are enhanced. With this in mind, it is imperative that you speak with a knowledgeable DWI defense lawyer immediately. Contact the Tormey Law Firm today at (201)-330-4979 for a free consultation about your case. You can also fill out our online contact form to schedule a free, in-person meeting with one of our experienced DWI defense lawyers at our Hackensack offices.

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If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.