Second Offense DWI/DUI in New Jersey

New Jersey Title 39, section 39:4-50(iii)(2) establishes the penalties for a second DUI/DWI in New Jersey. These laws set the fines, imprisonment length, administrative penalties, and the period of time of an individual’s driving history (10 years) that will be taken into account.

Look Back Period

A New Jersey court can consider a prior DUI conviction that occurred less than 10 years before the second conviction. Second violations occurring more than 10 years after a first violation are treated as the offender’s first violation.

Penalties

  • A fine of $500-$1,000*
  • Imprisonment of at least 48 consecutive hours, and up to 90 days*
  • 48 consecutive hours detainment in a regional Intoxicated Driver Resource Center
  • An automobile insurance surcharge of $1,000 a year for 3 years
  • Installation of an ignition interlock device for a period of 1 year to 3 years after license restoration

New Jersey Felonies vs. Misdemeanors

In New Jersey, a second DUI is a misdemeanor because it is not punishable by more than a year in prison.

Plea Options for Offenders

New Jersey offenders can plead guilty and accept the court’s punishment, not guilty and proceed to trial, or enter into a plea bargain with the state’s prosecuting authority. If convicted in a trial, the offender can appeal the jury’s punishment. A plea bargain is an agreement the terms of which are agreeable to the offender and the prosecutor. They usually contain lighter criminal penalties and are negotiated out of court.

Administrative Penalties

An offender loses his driver’s license for two years with no guarantee of reinstatement. The offender must also permanently install an ignition interlock device on his vehicles.

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