Will I Go to Jail for a Second DUI in New Jersey?

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The consequences of a DUI charge can be significant and life-changing. Not only could it result in serious injury or death of the driver and innocent passersby, but the driver’s life will undoubtedly be altered if they are convicted. DUI (Driving Under the Influence) and DWI (Driving While Intoxicated) are used interchangeably in the state of New Jersey. They refer to the illegal act of operating a motor vehicle after having consumed drugs or alcohol in a quantity that impairs your ability to safely operate a vehicle. A BAC (blood alcohol content) level of .08% or higher constitutes drunk driving. Because the crime is so serious, the consequences are stringent. In New Jersey, even first-time DUI offenders will go to jail. However, the sentence will range from 12 hours to a maximum of 30 days. Second DUI offenders will face much more serious repercussions, including jail time. The length of your sentence will depend on many factors including BAC, speed you were driving, if there were passengers in the vehicle, if anyone was hurt or killed, etc.

It is important to understand state laws and your rights. A Mercer County second DUI lawyer here at our firm is equipped with the experience and knowledge necessary to handle your case.

How Long Will I Go to Jail for a Second DUI Charge in New Jersey?

Second convictions of a DUI have severe consequences. New Jersey law states that second DUI penalties may include:

  • Fines ranging from $500 – $1,000
  • Having your license suspended between one and two years
  • Detainment at an IDRC (Intoxicated Driver Resource Center)
  • Required IID (ignition interlock device) for 2 or more years
  • Community service of 180 hours or more
  • Completing Intoxicated Driver Program
  • Jail time ranging from 48 hours to 90 days

What Are My Defense Options?

It will be in your best interest to hire a defense lawyer after receiving your second DUI charge. If your first offense was longer than 10 years ago you may be able to be charged as if this is your first offense.

Your lawyer may be able to negotiate a lesser sentence for you depending on the specifics of your situation. Whether or not your BAC was extremely high or just teetering on the edge of .08% will make a difference in your sentencing. If you were driving at excessive speeds or had passengers in the car, especially a minor, or if anyone was injured or killed, the court will probably be more strict. If these don’t apply, there is potential for a lesser sentence. An experienced lawyer will be able to evaluate the details of your case and form a defense that could greatly benefit you.

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