License Suspension for Second DWI Convictions in NJ

Whether the result of a DWI checkpoint or an accident, convictions for driving while intoxicated are life-altering, especially for second DWI repeat offenders. While there is some reprieve for those offenders who have reached the ten year “step-down” provision, most second DWI offenders face not only hefty fines, MVC surcharges, insurance surcharges, but also a lengthy license suspension.

Moreover, for those of you caught driving while suspended based on a conviction for a second DWI, you will face a Fourth Degree offense at the Superior Court level. This is one of the very few indictable offenses that can stem from a motor vehicle violation. For this reason, it is imperative that you not only obtain legal counsel for a second DWI offense, but that you stay off the roads during any period of suspension imposed.

If you have been charged with driving while suspended as a fourth degree crime or face charges for a second DWI, it is important that you have help in breaking down the charges and minimizing your potential jail term. Call our office 24/7 at 1-800-509-3333 to speak with an attorney today.

How Long Will My License Be Suspended for a Second DWI Conviction?

Unlike first-time driving while intoxicated convictions, second offenses do not carry a “range” of time under which the municipal judge may impose a period of suspension. Instead, every conviction for a second DWI will result in a mandatory two (2) year loss of driving privileges. For some, this period of suspension puts them at jeopardy of losing their jobs, which can lead to subsequent driving while suspended charges.

What If I Get Caught Driving While Suspended for a Second DWI or Refusal Conviction?

As I mentioned above, it is a fourth degree crime to operate a motor vehicle during a period of license suspension when that suspension was imposed for a second driving while intoxicated offense. For those of you unaware, a fourth degree indictable offense is New Jersey’s version of a felony. This means that a conviction of driving while suspended due to a second DWI suspension will make you a felon.

Also, under N.J.S.A. 2C:40-26(c), the charges for this offense carry a mandatory 180 days in county jail, without parole. Additionally, you will face an additional period of license suspension that will range anywhere from twelve (12) to thirty (30) months.

How Can An Attorney Help With My Second DWI Suspension?

There are a variety of legal maneuvers that could be employed, depending on the particulars of your case. For second DWI offenders, you are facing a mandatory two year license suspension. However, if you were unrepresented on your first DWI, one strategy could be to file a Post-Conviction Relief motion on your behalf. If successful, this would force the court to treat the penalties for your second offense as a first. This is based on the premise that you may not facing enhanced penalties for an offense were you were not properly informed of such penalties at your prior pleading. Therefore, the loss of driving privileges for your second DWI could be as short as three (3) months rather than two (2) years.

For those of you whose jobs depend on your ability to drive, this is a drastic difference. That is just one of a litany of legal defenses that could be constructed on your behalf to help soften the blow of a license suspension for a second DWI.Additionally, the DWI itself may be challenged due to a variety of reasons, including the validity of the stop, the field sobriety test administration, and the accuracy of the Alcotest device. Contact an experienced License Suspension Attorney today to learn more about what can be done to help.