Experienced Defense Lawyer For Your DWI Second Offense
A conviction for DWI carries potentially suffocating penalties, especially for a second offense or more. Punishment includes fines, thousands of dollars in DMV surcharges, dramatic insurance hikes, possible imprisonment, and, most notably, a mandatory two year license suspension. And, unlike many other states, New Jersey does not grant conditional licenses that allow a defendant to drive to work and other limited circumstances. Accordingly, if you are convicted of a second DWI offense, you cannot drive in any context for at least two (2) years and there is nothing can be done to ease this burden. The only way to avoid these consequences is to have your second DWI offense dropped or dismissed outright. At the Law Offices at Jonathan F. Marshall, our team of DWI trial attorneys are experienced in handling all drunk driving charges in every Essex County Municipal Court, including the City of Newark, Bloomfield, Nutley, Verona and Fairfield. With over 100 years of joint experience and some of the most impressive qualifications in DWI defense in New Jersey, our law firm has the tools to get results. To speak with an attorney today, contact our office for a free consultation at 973-710-1520.
How Does The Prosecutor Prove A Second Offense for DWI?
In order to convict an accused of a second offense, the prosecutor must establish six (6) elements. Each element must be proven beyond reasonable doubt, including that the defendant:
• Had control of a motor vehicle;
• Possessed a present intention to operate the vehicle;
• Undertook some action to place the vehicle in motion;
• The vehicle was capable of moving;
• The defendant was intoxicated by virtual of alcohol (e.g. BAC of .08% or more) or was under the influence of drugs; and
• The accused had a prior DWI conviction in NJ or any other state having a substantially similar law.
What you will notice is that there are three primary focuses in proving a second offense — operation, intoxication (a.k.a. under the influence), and a prior conviction. A conviction cannot be obtained unless all three are proven. It should also be noted, with respect to operation, it is often presumed that keys being in the ignition of a vehicle firmly establishes this prong but this is not the state of the law (i.e. keys in ignition is evidence of intent but nothing more).
What are the Penalties for a Second Offense?
If some is convicted of a second dwi in New Jersey, they face the following mandatory penalties:
• Imprisonment for at least 48 hours and up to 90 days;
• License suspension for a period of two years;
• 30 days of community service;
• $1,000 surcharge per year for three years; and
• Installation of ignition interlock device on the drivers vehicle during the period of suspension and then for one to three years following reinstatement.
There are other consequences outside of the courts and State of New Jersey, including an increase in insurance rates.
Second Offense DWI Attorneys
Defending against a DUI charge without qualified legal representation is never an easy task. The driving while intoxicated attorneys at the Law Offices of Jonathan F. Marshall are available to protect your interests and clearly have the qualifications need to achieve a favorable outcome. For a free initial consultation, call our office at 973-710-1520 and speak with a skilled DWI/DUI Defense Attorney today about how we can defend against your pending charge.