1st, 2nd, and 3rd Offenses

If convicted, person facing a second offense for DWI within 10 years will face greater penalties than for a first offense, and a person facing a third conviction for DWI is subject to even heftier penalties and fines.

Penalties for a First Offense

For a first-time DWI offender, the state of New Jersey utilizes a multi-tiered penalty system.

Tier	Description	Jail Sentence	License Suspension	IDRC	Fines	Surcharges
1st Tier	B.A.C. = .08% to .099%	Up to 30 days	3 months	12-48 hours	$250 – $400	$3,500 +
2nd Tier	B.A.C. = .10% or  higher	Up to 30 days	7-12 months	12-48 hours	$300 – $500	$3,500 +

In addition to the above, a driver convicted of DWI with a B.A.C. over .15% or a DWI test refusal will be required to have an ignition interlock device installed in the vehicle for the duration of the license suspension and for an additional 6-12 months following suspension. The judge also has the discretion to order the installation of an interlock device for those convicted of a DWI with a B.A.C. under .15%.

Penalties for a Second Offense

A second DWI conviction in the state of New Jersey subjects the offender to the penalties below

	Jail Sentence	License Suspension	Community Service	IDRC	Fines	Surcharges
Second offense within 10 years	2-90 days	2 years	30 days	12-48 hours	$500 – $1000	$3,500 +

In addition to the above, a driver convicted of a second DWI offense will be required to install an ignition interlock device for the duration of the license suspension plus an additional 1-3 years following restoration.

Penalties for a Third Offense

A third DWI conviction in the state of New Jersey subjects the offender to the following penalties

	Jail Sentence	License Suspension	IDRC	Fines	Surcharges
Third offense within 10 years	180 days	10 years	30 days	12-48 hours	$5,000 +

In addition to the above, a driver convicted of a third DWI offense will be required to install an ignition interlock for the duration of the license suspension plus an additional 1-3 years following restoration.

Clearly, the penalties associated with even a first-time DWI offense are substantial and long-lasting. You should not consider defending this type of case by yourself. Hire an experienced DWI attorney to handle this serious matter for you. We have the experience and knowledge to assess and defend your DWI case and to limit or avoid these penalties. Call Mark | Lavigne, LLC now.

This information has been compiled as a result of the numerous trials and DWI matters Kevin B. Legreide, Esq. has conducted and been involved in over the years. Mr. Legreide also has expertise in all aspects of criminal and municipal matters.