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New Jersey Third Offense DWI Penalties

Wall New Jersey Criminal Defense Attorneys serving Monmouth County, Ocean County, Middlesex County and all surrounding NJ areas.

The penalties for a third of subsequent violation of the New Jersey DWI law include a fine of $1,000.00 dollars, a term of imprisonment for a term of not less than 180 days in the county jail, however, the court may lower the term for each day not exceeding 90 days which are served participating in a drug or alcohol inpatient rehabilitation program which has been approved by the Intoxicated Driver Resource Center.  Additionally the individual will forfeit his or her right to operate a motor chive in the state of New Jersey for a period of 10 years and will be subject to the ignition interlock device.

 

Obviously, the penalties for at third of subsequent DWI are very severe and include a significant period of jail time as well as a 1o year loss of license.  It is therefore critical that you are represented by a successful DWI attorney if you or someone you know has been charged with DWI in New Jersey.  As with all DWI statutes in New Jersey, a prosecutor is not permitted to agree to less significant penalties than those set forth above.  It is therefore critical that the DWI charged by challenged.  One way in which a DWI charge may be challenged is by challenging the field sobriety tests as well as the results from the breath test machine.  In order for an individuals blood alcohol content to be admissible as a trial, the prosecutor must establish that the tests are accurate and that certain procedures were followed when the test was administered.  If the prosecutor is unable to establish the reliability of the breath test procedure, the results may be suppressed and be unusable at trial.  Additionally, if the officer who administered the field sorority tests made errors in his or her administration of those tests, the court may consider the errors that were made and find the individual who is charged with DWI not guilty.

 

The above defenses and potential outcomes are all subject to the specific facts and circumstances of the DWI offense.  It is therefore critical that you contact an experienced DWI lawyer if you or someone you know has been charged.  Our firm offers a free consultation to all individuals who have been charged with DWI. Our firm handles DWI which occur in Wall Township as well as Freehold Township.  If you would like to speak to one of our attorneys, call us today.  We can help.

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Clark, Clark & Noonan, LLC.
732-303-7857