Elizabeth, NJ Second Offense DWI Lawyer

Driving under the influence (DUI) is a serious offense in New Jersey, especially when it’s a second offense. If you have been charged with a second offense DUI in New Jersey, you are facing serious penalties, including jail time, license suspension, and fines. If you are accused of second offense driving under the influence, first offense DUI, third offense DUI, or a breathalyzer refusal offense in New Jersey, you need to understand the law and your rights. You also need to hire a New Jersey criminal defense lawyer who has the experience and the skills to handle your case and fight for your freedom. If you’re seeking legal representation in New Jersey, particularly in the areas of criminal defense, domestic violence, or manslaughter, Attorney Brett M. Rosen is an excellent choice. Here’s why:

1. Experience: Brett M. Rosen is a seasoned lawyer, licensed in both New York and New Jersey. He has been practicing law for over 8 years, specializing in criminal and civil litigation.
2. Client Satisfaction: Rosen has received high praise from his clients for his professionalism and effectiveness. Clients have described him as “the example of a true winner” and “one of NJ’s finest attorneys”.
3. Trial Skills: Rosen has demonstrated exceptional trial skills, standing ‘toe to toe’ at trial against current and former prosecutors, and certified criminal and civil trial attorneys. His aggressive questioning and thorough approach have been commended by clients.
4. High-Profile Cases: Rosen has handled high-profile cases, including representing a celebrity on their domestic violence case and a Grammy-Award winning artist on their drug cases.
5. Recognition: He has been recognized as a Rising Star by Super Lawyers.

Contact us today for a consultation, or continue reading this guide that will provide you with a general overview of a first offense driving under the influence law in New Jersey, as well as some common defenses that may be available to you.

Understanding a Second Offense DUI in New Jersey

If you or you’re loved one is convicted of a second DUI in New Jersey, the penalties can be severe. A DUI/DWI is codified under N.J.S.A. 39:4-50. A conviction for a second offense DWI have an immediate impact on your life socially and economically. A second offense DUI has the following potential minimum and maximum consequences:

• Jail Time: You could face between 2 and 90 days in the county jail.
• Fines: Legal fines can range between $500 and $1,000.
• License Suspension: Your driver’s license could be suspended for a minimum of 1 year and up to a maximum of 2 years.
• Intoxicated Driver Resource Center (IDRC): You may be required to spend 48 hours at an IDRC (Intoxicated Driver Resource Center).
• Ignition Interlock Device: You may be required to install an ignition interlock device for a minimum of 2 years and a maximum of 4 years.
• Community Service: You may be required to perform 30 days of community service.
• An automobile insurance surcharge of $1,000 a year for 3 years

Possible Defenses to Second Offense DUI in New Jersey

There are several defenses that can be used to challenge a second DUI charge:

• BAC Reading Was Incorrect: Breathalyzers must be maintained and calibrated in a particular way. If law enforcement officials fail to carry these tests out properly or stray from established protocols, breath test results could be affected and a false positive reading could occur.
• Field Sobriety Test Was Administered Incorrectly: If law enforcement is attempting to prove intoxication by way of a failed field sobriety test, it is possible that the test could have been administered incorrectly or improperly.
• Illegal stop: If the police officer who stopped you did not have reasonable articulable suspicion to do so, the evidence obtained from the stop may be suppressed.
• Medical condition: You have a medical condition that caused you to appear intoxicated, such as diabetes or a reaction to medication.
• Entrapment: The police entrapped you into committing the crime.

Differences between First and Second Offenses in New Jersey

In New Jersey, the penalties for Driving Under the Influence (DUI) increase with each subsequent offense. Here are the key differences between a first and second offense DUI:

First Offense DUI:

• Fine: $250-$500
• License Suspension: 3 to 6 months
• Alcohol Related Classes: 12-48 hours in an Intoxicated Driver Resource Center (IDRC)
• If the Blood Alcohol Content (BAC) is at least .10% or there is drug impairment, the fines increase to $300-$500 and license revocation extends to 7-12 months.

Second Offense DUI:

• Fine: $500-$1,000
• License Suspension: 1 to 2 years following installation of Ignition Interlock Device
• Alcohol Related Classes: completion of 48 hours of Intoxicated Driver Resource Center
• Community Service: Required to complete 30 days of community service.

Second Offense DUI/DWI with a Commercial Driver’s License in New Jersey

Driving under the influence of alcohol or drugs (DUI/DWI) is a serious offense in New Jersey, especially for commercial drivers who rely on their licenses for their livelihood. If you are a commercial driver who has been charged with a second DUI/DWI offense, you need to be aware of the potential consequences and how to defend yourself.

What are the penalties for a second DUI/DWI offense with a CDL in New Jersey?

According to the New Jersey Commercial Driver’s License Law ( N.J.S.A. 39:3-10.13 ), the blood alcohol concentration (BAC) limit for commercial drivers is 0.04%, which is half of the limit for non-commercial drivers. This means that you can be charged with a DUI/DWI even if you are driving your personal vehicle and your BAC is between 0.04% and 0.08%.

If you are convicted of a second DUI/DWI offense with a CDL in New Jersey, you will face the following penalties:

• A mandatory lifetime revocation of your CDL, regardless of the vehicle you were driving when stopped. This means that you will never be able to drive a commercial vehicle again in New Jersey or any other state.
• A suspension of your basic driver’s license for one to two years, depending on your BAC level and whether you refused to take a breath test. You will also have to install an ignition interlock device in your vehicle for one to three years after your license is restored.
• Fines ranging from $500 to $1,000, plus court costs and surcharges.
• Imprisonment for up to 90 days in the county jail or in an inpatient alcohol treatment program.
• Community service for 30 days.
• Participation in an Intoxicated Driver Resource Center program for 48 hours.

These penalties are in addition to any other penalties you may face for violating other traffic laws or causing property damage or injury to others.

How can you defend yourself against a second DUI/DWI charge with a CDL in New Jersey?

A second DUI/DWI charge with a CDL in New Jersey is a serious matter that can have devastating effects on your career, finances, and personal life. However, you do not have to plead guilty or accept the consequences without a fight. There are possible defenses and strategies that you can use to challenge the evidence, reduce the charges, or avoid a conviction altogether.

Some of the common defenses and strategies include:

• Challenging the legality of the traffic stop, the arrest, or the search of your vehicle. If the police did not have a valid reason to stop you, probable cause to arrest you, or a warrant to search your vehicle, any evidence obtained from these actions may be suppressed or excluded from the trial.
• Challenging the accuracy and reliability of the breath, blood, or urine tests. If the testing equipment was not properly calibrated, maintained, or operated, or if the testing procedures were not followed correctly, the results may be inaccurate or invalid. You may also have medical or dietary conditions that could affect the test results.
• Challenging the credibility and qualifications of the witnesses and experts. If the police officers, technicians, or other witnesses who testified against you made mistakes, contradicted themselves, or lacked proper training or certification, their testimony may be questioned or dismissed by the judge or jury.

Can I Plea Bargain My DUI/DWI in New Jersey?

Plea bargaining for a second offense DUI/DWI in New Jersey was generally not allowed unless there is a bona fide proof issue that casts doubt on the state’s ability to establish a DWI violation. However, plea bargaining may be possible for a second or subsequent offense of refusal to submit to a breath test under the new law that was enacted. Plea bargaining is a process where the defendant and the prosecutor agree to a lesser charge or sentence in exchange for a guilty plea. Plea bargaining can help the defendant avoid some of the harsh penalties and consequences of a DUI/DWI conviction, such as a lifetime revocation of the commercial driver’s license (CDL), a long suspension of the basic driver’s license, fines, jail time, community service, and ignition interlock device installation

Why do you need a lawyer for a second DUI/DWI offense with a CDL in New Jersey?

A second DUI/DWI offense with a CDL in New Jersey is a complex and challenging case that requires the expertise and guidance of a skilled and experienced lawyer. A lawyer can help you by:

• Reviewing the facts and evidence of your case and identifying the best defense strategy for your situation.
• Protecting your rights and interests throughout the legal process and ensuring that you are treated fairly and respectfully by the authorities and the court.
• Communicating and negotiating with the prosecutor on your behalf and seeking the most favorable outcome possible for your case.
• Representing you in court and presenting a strong and persuasive case to the judge or jury.
• Advising you on the potential consequences and implications of your case and helping you make informed decisions about your future.

If you are a commercial driver who has been charged with a second DUI/DWI offense in New Jersey, you need a lawyer who can protect your rights, defend your interests, and fight for your future. Brett M. Rosen is one of the top criminal defense attorneys in the state, who has successfully defended many clients in similar situations. He has the knowledge, experience, and reputation to handle your case effectively and efficiently. You can contact him at his office in New Jersey. He offers a free consultation and a flexible payment plan. Don’t wait, call him today and let him fight for you.

Paramount New Jersey DUI Defense Attorney

If you have been charged with second offense DUI in New Jersey, it is important to contact an experienced DUI defense attorney as soon as possible. An attorney can review your case and develop a strong defense strategy. There are many reasons why you should choose NJ Attorney Brett M. Rosen to defend your second DWI charge. Here are some of them:

• He is one of the top criminal defense attorneys of 2023, according to LA Weekly.
• He has a proven track record of winning seemingly impossible cases, such as a recent acquittal of a karate instructor accused of sexual assault.
• He is passionate, dedicated, and assertive in representing his clients, standing up for their rights and challenging the evidence against them.
• He is experienced in handling robbery cases, which are serious offenses that can result in long prison terms and hefty fines.
• He is an advocate for mental health and well-being within the legal profession, understanding the stress and emotional toll that comes with facing criminal charges.
• He is knowledgeable about the latest advancements in artificial intelligence and their impact on the legal industry, using AI-powered tools to enhance his practice.

These are just some of the reasons why NJ attorney Brett M. Rosen is a great choice for your second offense DUI defense. Contact the Rosen Law Firm for a consultation regarding your second offense DWI/DUI in New Jersey.

Call us today for a free consultation.