Some charges, including DUIs, have heightened legal consequences if you have received charges previously. If you are dealing with a second DUI, it is important to consider your options.
What Is a DUI In New Jersey?
A DUI, or driving under the influence, is a charge that you may incur in New Jersey if you are caught driving with a blood alcohol content (BAC) of 0.08% or higher. A DUI in New Jersey can lead to the following legal consequences:
- Legal fines up to $2,000
- Up to 180 days in jail
- Up to a 20-year revoked license
- An increase in insurance rates
The specific charges that you receive following DUI charges in New Jersey will vary depending on many factors. One of these factors is if you have prior charges.
Second DUI Offense in New Jersey
A second DUI offense means you have been convicted with a DUI previously in the state. A second DUI offense usually comes with the following consequences:
- Legal fines between $500-$2,000
- A minimum of 30 days of community service
- Jail time between 48 hours-180 days
- Driver’s license suspension of two years
- Required installation of an ignition interlock device (IID)
- Motor vehicle surcharges of $3,000 for three years
This means that a second DUI charge in New Jersey does usually lead to some requirement of jail time. Second-time DUI offenders must serve a minimum of 48 hours of jail time. In some cases, these 48 hours can be served at an Intoxicated Driver’s Resource Center (IDRC). This must be approved by the court.
What Is an IDRC?
An IDRC is an Intoxicated Driver’s Resource Center. It is a treatment center that provides assistance to those with alcohol addictions. This type of center will work with the offender by creating a personalized treatment plan. The center may require that the offender is at the center for longer than 48 hours. They may also require additional attendance in the form of counseling or treatment sessions.
Considerations of a Second DUI Offense
There are many unique considerations when it comes to a second offense. For one, if your prior DUI was more than 10 years before the most recent, the minimum requirements for jail may be minimized. This is referred to as the step-down provision which means that a prior offense may not be considered.
In this case, it is possible that the court will instead, consider the latest a first-time offense. This continues with any other subsequent offenses you receive if prior charges have been 10 years.
Dealing With a Second DUI In New Jersey?
Because New Jersey has a required 48-hour jail sentencing, you may have few options when it comes to a defense. If you are currently dealing with a DUI offense in New Jersey, and you have a prior DUI, you need to take action soon. Otherwise, you could be required to serve even more time in jail. Additionally, you may have other options, which you can explore with your lawyer.
Contact an Experienced Essex County DWI Defense Attorney About Your Drunk Driving Charges in New Jersey
Have you been charged with a DWI or DUI offense in New Jersey? A drunk driving conviction could leave you with a permanent record, and it could result in your driver’s license being suspended for a very long time. That is why it is imperative that you speak with a qualified DWI defense lawyer about your case. The lawyers at Zegas Law represent clients charged with drunk driving, breath test refusal, and related offenses in Essex County, Union County, Morris County, Middlesex County, and throughout New Jersey. Call (973) 379-1999 or fill out our confidential online contact form to schedule a consultation about your case. We have an office located at 60 Morris Turnpike, Summit, NJ 07901.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.