Third Offense DWI in Burlington NJ

DWI Attorney for Third Offense in Mount Laurel NJ

There is little doubt that the stakes are highest in DWI cases when the accused is facing a third or subsequent conviction. The primary reason is because N.J.S.A. 39:4-50 imposes a mandatory jail term of 180 days once you reach your third DUI conviction. There are several strategies that can be utilized, however, to escape the penalties that apply under N.J.S.A. 39:4-50. The first option is to beat the DWI/DUI charge altogether based on an improper stop, arrest, lack of proof of intoxication, or another issue. The second way is to obtain post-conviction relief from one or more of the prior convictions. This involves challenging the validity of either the first offense or second offense with the hope of obtaining an order that one cannot used for purposes of incarceration. The attorneys at The Law Offices of Jonathan F. Marshall are well schooled in all of these intricacies and those strategies that are effective in winning third offense cases. We can provide skilled representation in Bass River, Medford, Westhampton, Evesham, Delran or any other town in Burlington County. A lawyer in our Mt. Laurel Office is available immediately for a free consultation at (856) 234-8900.

Third Offense Under N.J.S.A. 39:4-50

N.J.S.A. 39:4-50 sets forth penalties that apply in the event of a third or subsequent DWI violation. In determining whether you are facing a third, NJ law does not count the immediately prior DUI offense if more than ten (10) years elapsed before the current charge. The following penalties apply upon conviction for a third or greater offense:

  • Fines & Assessments. There is a fine of $1,000 and assessments of $100 for the Drunk Driving Fund, $100 to the Alcohol Education and Rehabilitation Fund and $75 to the Safe Neighborhood Fund.
  • Suspension Period. Your driver’s license must be suspended for a period of ten (10) years.
  • Ignition Interlock. You are obligated to install the interlock for the entire suspension period plus 1-3 years following restoration.
  • Community Service. The court may impose up to ninety (90) days community service.
  • Jail. There is a mandatory jail sentence of 180 days that applies.
  • Surcharge. The New Jersey Division of Motor Vehicles imposes an annual surcharge of $1,500 per year for three (3) years.

It must be kept in mind that these penalties cannot be suspended. If you are convicted, the judge lacks any discretion to lighten or suspend the license suspension or the jail term. The 10 year suspension cannot be compromised if you are found guilty of a third offense. The same is true with respect to the 180 day jail term set forth in N.J.S.A. 39:4-50.

Southampton NJ Third Offense DWI Lawyers

There are some towns in the county that issue a higher number of third offenses than others. Southampton is one of those municipalities along with Pemberton, Florence, Mount Laurel, Bordentown, and Burlington Township. What is pivotal in these jurisdictions is for you to have representation that can provide a bona fide opportunity for you to obtain relief from the penalties that apply under 39:4-50 for a third offense. With over 100 years of combined experience and many other impressive credentials, our firm has this ability. Call our Mt. Laurel DWI Firm at (856) 234-8900 for immediate assistance.