Totowa NJ Second Offense DWI Lawyer
DWI and DUI Defense Attorney in Passaic County and Morris County, New Jersey
A few beers with friends on a Saturday night can quickly turn into a nightmare that lasts a lifetime. If a police officer suspects that you’re driving while under the influence of alcohol, he or she may detain you for sobriety testing. The consequences for either failing or refusing this test can be disastrous. If you’ve been charged with second offense DWI in New Jersey, you could lose your driver’s license. You could even go to jail.
Alissa D. Hascup is an aggressive DWI defense lawyer whose law practice is dedicated to criminal and DWI defense. Ms. Hascup has successfully represented numerous clients charged with alcohol-related offenses, including second offense DWI, third offense DWI, and refusal to submit to a breath test in Paterson, Wayne, Totowa, Morristown, Denville, Parsippany, and throughout Passaic County and Morris County, New Jersey. She also has extensive experience in the courtroom as both a DWI prosecutor and a DWI defense attorney. As you can see, Ms. Hascup’s results as a defense lawyer speak for themselves.
Alissa Hascup’s credentials for DWI defense in New Jersey are unmatched:
- Ms. Hascup is a former municipal prosecutor who regularly prosecuted DWI matters. That experience is now an advantage in the courtroom because she is able to anticipate the prosecution’s arguments.
- Ms. Hascup is also a former municipal public defender who regularly defended DWI matters. There aren’t many issues, if any, that she hasn’t encountered in the course of DWI defense.
- Ms. Hascup is also a former county prosecutor whose trials included drug distribution, weapons charges, and attempted murder.
Contact Ms. Hascup today for a free consultation, and please continue reading this page for more information about second offense DWI charges and penalties in New Jersey.
Second Offense DWI in New Jersey: N.J.S.A. 39:4-50
In New Jersey, second offense DWI is criminalized under N.J.S.A. 39:4-50, which provides in pertinent part:
(a) a person who operates a motor vehicle while under the influence of intoxicating liquor, narcotic, hallucinogenic or habit-producing drug, or operates a motor vehicle with a blood alcohol concentration of 0.08% or more by weight of alcohol in the defendant’s blood shall be subject:
(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 (1) to two (2) years upon conviction. For a second violation, a person also shall be required to install an ignition interlock device for the period of suspension. The device must remain installed for two (2) to four (4) years following the return of the driver’s license.
Second Offense DWI Penalties in New Jersey
You are probably already aware that DWI refers to “driving while intoxicated,” while DUI refers to “driving under the influence.” In New Jersey, a person can be charged with DWI if his or her blood alcohol content is 0.08% or higher. If you are facing a charge for second offense DWI, you are going to want an experienced DWI lawyer on your side because New Jersey has strict mandatory DWI penalties, including:
Jail Time: A conviction for second offense DWI will result in a mandatory sentence of two (2) days in jail. (Courts will generally allow you to serve the two (2) days through participation in the IDRC Program.) Depending on the circumstances, this sentence can be extended to three (3) months in jail.
Suspension of Driver’s License: A second-time DWI offender is subject to mandatory suspension of his or her driver’s license for one (2) to two (2) years. This means that you will not be allowed, under any circumstances, to drive.
Ignition Interlock Device: A second-time DWI offender will be required to install an ignition interlock device on his or her car. This is a device that disables the ignition of the automobile until the driver provides a clean breath test sample. The device must be installed during the suspension period and remain installed for two (2) to four (4) years after the return of the driver’s license.
Alcohol Education Program: A second-time DWI offender must spend 48 hours attending an alcohol education program at the Intoxicated Driver Resource Center (IDRC). You may also be required to complete additional treatment in a follow-up program that can last for as long as four (4) months. Failure to comply with these requirements can lead to additional jail time.
Fines: A second-time offender may be fined up to $1,000.00, with other court costs and fees bringing the total to more than $1,400.00.
Surcharges: For a second offense, a person is required to pay to the NJ Division of Motor Vehicles a mandatory surcharge of $1,500.00 per year for three (3) years. That’s $4,500.00, on top of fines and fees.
Community Service Requirement: For a second offense, the defendant will be required to perform a MANDATORY 30 days (or 180 hours) of community service.
Criminal Background Checks: A DWI conviction will also tarnish your permanent record, perhaps even appearing on background checks.
Contact a Totowa NJ DWI Defense Lawyer for a Free Consultation
An aggressive DWI defense attorney will speak to you about the advanced defense strategies we use to help our clients minimize or avoid second offense DWI penalties. Alissa Hascup is prepared to fight your DWI charge. Call or email Alissa Hascup today so she can evaluate the evidence in your case and devise a strategy to assist you.
