Totowa NJ Third Offense DWI Lawyer

Drunk Driving Defense Attorney in Passaic County, New Jersey

If a police officer has reason to suspect that you are driving while under the influence of alcohol, he or she may detain you for sobriety testing. If you fail or refuse this test, you can be charged with DWI. In New Jersey, a conviction for third offense DWI can result in jail time and loss of your driver’s license for eight (8) years, in addition to other penalties outlined below. Statistically speaking, hiring an experienced DWI attorney might be your best and only hope of avoiding DWI penalties and potentially getting your case dismissed.

Alissa D. Hascup is an aggressive DWI defense lawyer whose practice is devoted to criminal and DWI defense. Ms. Hascup has successfully represented thousands of clients, including clients charged with third offense DWI and refusal to submit to a breath test in Passaic, Totowa, Paterson, and Little Falls. She has extensive experience litigating in New Jersey as both a DWI prosecutor and a DWI defense attorney.

Contact Alissa Hascup today for a free consultation about your DWI case, and continue reading this page for more information about third offense DWI charges and penalties in New Jersey.

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

In New Jersey, third offense DWI is codified in N.J.S.A. 39:4-50, which provides, in pertinent part, that:

(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:

(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, and shall thereafter forfeit his right to operate a motor vehicle over the highways of this State for eight (8) years. For a third or subsequent violation, a person also shall be required to install an ignition interlock device or shall have his registration certificate and registration plates revoked.

Third Offense DWI Penalties in New Jersey

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’ve been charged with a third offense DWI, it is imperative that you speak to an experienced DWI lawyer. New Jersey has mandatory DWI penalties that NJ prosecutors strictly enforce, including:

Jail Time: A conviction for third offense DWI will result in a six (6) month jail sentence. You will be permitted to serve three (3) months of that sentence in an in-patient drug/alcohol rehabilitation program approved by the Intoxicated Drivers Resource Center.

Suspension of Driver’s License: A conviction for third offense DWI will result in mandatory suspension of the offender’s driver’s license for eight (8) years.

Ignition Interlock Device: A person convicted of DWI for a third time will be required to install an ignition interlock device on his or her car for  the period of the license suspension and a period of two (2) to four (4) years after the return of the driver’s license. This is a device that disables the automobile’s ignition until the driver blows into the device and provides a clean breath test sample.

Alcohol Education Program: A person convicted of DWI for a third time may be required to participate in an alcohol education program at the Intoxicated Driver Resource Center (IDRC).

Fines: A third-time DWI offender may be fined more than $1,000.00.

Surcharges: For a third offense, a person is required to pay to the NJ Division of Motor Vehicles a mandatory surcharge of $1,500.00 each year for three (3) years.

Criminal Background Checks: A DWI conviction may show up on background checks for the rest of your life, negatively impacting your future employment opportunities.

Contact a Totowa NJ DWI Defense Lawyer for a Free Consultation

Alissa Hascup knows what it takes to challenge your third offense DWI charge. She has years of litigation experience as both a prosecutor and defense attorney, and she will work tirelessly on your behalf to help reduce or avoid third offense DWI penalties. Call or email Alissa Hascup today so that she can begin evaluating the details of your case and formulate a strategy to assist you.