Second Offense

A driving while intoxicated (DWI) offense carries significant consequences in Camden County and everywhere else in New Jersey. The situation only gets worse when someone is charged with a second offense since there is a mandatory two (2) year license suspension and a county jail term that must be imposed at sentencing. It is therefore extremely important for you to retain an experienced attorney if you have been charged with a second offense DWI. An accomplished defense lawyer will provide you with what is necessary to avert the penalties mandated under N.J.S.A. 39:4-50.

The attorneys at the Law Offices of Jonathan F. Marshall have the qualifications you need. Our staff has DWI qualifications that include:

  • Over 200 years of combined experience defending DWI charges in Camden, Cherry Hill, Gloucester Township, Pennsauken, Winslow and other Camden County municipalities
  • A DWI department head that is one of a handful of lawyers statewide whose practice is limited exclusively to DWI/DUI defense
  • 5 Lawyers who are certified on the Alcotest 7710
  • 2 Attorneys who are certified as instructors in Standardized Field Sobriety Testing
  • Former DWI prosecutors in more than 25 New Jersey municipalities
  • Our own Draeger Alcotest 7710 Breathalyzer to assist in preparing your defense

Our advanced training and concentration in defense, particularly DWI, allows us to develop effective strategies for our clients so that they avoid license suspensions and other mandatory penalties under 39:4-50. If you would like to speak to an attorney wiht the knowledge and skill to help you, contact our office for a free consultation at (856) 288-3350.

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

Second Offense DWI’s in New Jersey are governed by N.J.S.A. 39:4-50. It explains:

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 two years upon conviction, and, after the expiration of said period, he may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for two years under the provisions of section 2 of P.L.1995, c. 286 (C.39:3-40.1).

Second Offense DWI Penalties in New Jersey 

  • Mandatory 2 days in jail that can increase to 90 days
  • 2 year suspension of drivers license
  • Ignition interlock device for 1 to 3 three years
  • Intoxicated Driver Resource Center for 48 hours and potentially further treatment that can last for 4 months
  • Fines totaling over $1,400
  • Community Service
  • Mark on record
  • $4,500 total in surcharges to the NJ DMV over 3 years

Note: If the second offense was committed 10 years after the first offense, the second can be treated as if it were a first.

Note: Our firm utilizes a former State trooper who is certified in field sobriety testing and as a certified operator of the Alcotest 7110, the breath testing device used in New Jersey DWI cases. He reviews the evidence, police reports, and videos and will draft a report to challenge the State’s evidence in your case.

Contact a Cherry Hill NJ Second Offense DWI Lawyer for a Free Consultation 

The criminal defense attorneys at the Law Offices of Jonathan F. Marshall are always available to speak with you about your case and begin to formulate an aggressive strategy to defend you against a DWI charge. Our criminal defense team understands the details of DWI law in New Jersey and we will use this knowledge to help you best defend against these charges. Call us today at 877-450-8301 for a free initial consultation about your case.

Attorneys at the Law Offices of Jonathan F. Marshall defend clients charged with a second offense for DWI throughout Camden County, including the municipal court of Cherry Hill, Camden, Bellmawr, Gloucester City, Stratford, Winslow, Voorhees, Gloucester Township, Pennsauken, Berlin and others.