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New Jersey Defense Lawyers for Second Offense DUI
Trusted Defense Lawyers Fight Second Offense DUI Charges for Clients Across New Jersey
Second offense DUI charges are serious. Once you are charged with driving under the influence of alcohol or drugs (DUI) a second time, the courts treat you as a repeat offender. You will face the possibility of jail time, financial fines, a suspended license and even employment issues if the DUI charges stick. Car insurance premium costs will almost certainly skyrocket.
At Team Law, we know that clients make mistakes. Our experienced DUI defense lawyers also know that police and prosecutors make mistakes. For more than 60 years, our legal team has focused on protecting the rights of clients across New Jersey. We are ready to put our legal skills to work for you.
You can be charged with a DUI if your blood alcohol content was at least 0.08% at the time of your arrest—or if the police suspect you were using drugs. A DUI is only treated as a second offense if you have had another DUI within the past ten years. Any charges before the ten-year period are not considered.
Facing Second Offense DUI Charges And Have Questions? We Can Help. Tell Us What Happened.
Most clients don’t have much experience in the legal arena. That’s okay. At Team Law, our dedicated defense lawyers know what it takes to fight a second offense DUI in New Jersey. Call or use our online contact form to get legal help today. Your first consultation is free, so you don’t have anything to lose by learning more about your legal rights.
Penalties for Second Offense DUI
In second offense DUI cases, the judge has discretion to impose penalties that are very similar to first offense DUI cases. However, the difference is that those penalties are likely to be much more serious. For example, a first offender might face up to 30 days in jail. A second offense DUI carries between 48 hours and 90 days in jail.
Consider the following additional possible penalties for a second offense DUI in New Jersey:
- A possible two-year license suspension
- 12 to 48 hours in the Intoxicated Driver Resource Center (IDRC)
- Installation of an ignition interlock device that will read your BAC level before allowing you to start your vehicle (you will be responsible for the costs associated with this device)
- Financial penalties of up to $1,000
- A $1,000 per-year insurance surcharge that’s imposed for three years
- Mandatory fees that can exceed $500, including contributions to the Safe Neighborhood Services Fund, Drunk Driving Enforcement Fund and alcohol education funds
Perhaps the most significant financial penalty you will face is the cost of car insurance. When your license is restored, you will be responsible for paying car insurance premiums that are likely to be much more expensive than prior to your second DUI. In reality, many people with a second offense DUI find it difficult to find car insurance they can afford in New Jersey.
Get Advice From An Experienced New Jersey Criminal Defense Attorney. All You Have To Do Is Call 1-800-832-6529 To Receive Your Free Case Evaluation.
These penalties only apply if your charges stand. Our experienced defense lawyers can work to have your charges dropped, reduced, or convince the judge that the DUI charges should not stand.
Available Defense Strategies in Second Offense DUI Cases
Driving under the influence of drugs or alcohol is a serious issue in New Jersey. Despite this, the police can’t simply pull people over at random and make them take a breath test. They must have probable cause for the traffic stop. They must also have probable cause to test for drug or alcohol use. They might look for:
- Issues with your driving, including drifting between lanes, driving very slowly or even hesitating for a long time when leaving a stop sign
- The smell of alcohol on your breath
- Lack of focus in your vision
- Your general demeanor when you have been pulled over
In other words, you don’t have to violate a traffic law to give the police probable cause to administer a breath test. Despite this, the police do have to present some type of evidence to support pulling you over or administering a field sobriety test or Alcotest (breathalyzer) test once they do. A lack of probable cause can lead to your charges being dismissed.
Additional defense strategies that our lawyers at Team Law might use in your case include:
- Problems with the Alcotest machine, including failure to properly maintain the machine
- Problems with the way your breath test was administered
- Challenges to whether the police were properly trained to administer field sobriety testing or recognize the signs of drug or alcohol use
Our leading DUI defense lawyers at Team Law will develop a defense plan tailored to the facts of your case. We won’t stop until we have explored every possible defense option.
Call Team Law to Speak with an Experienced Second Offense DUI Lawyer Today
At Team Law, we take second offense DUI charges seriously. So does the state of New Jersey. Having a skilled defense lawyer in your corner gives you the best chance of beating the charges.
To learn more about our law firm and DUI defense strategies generally, call us for a free case review today. You can also use our online contact form to tell us what happened.
Frequently Asked Questions About in Second Offense DUI Charges New Jersey
Technically, no. New Jersey DUIs are traffic violations. Despite this, the penalties for a second offense DUI are very similar to penalties that apply for criminal convictions. You can face jail time and financial penalties, in addition to requirements (such as counseling) that mirror those assigned to convicted criminals. Importantly, your DUI can show up when an employer, landlord or someone else conducts a routine background check. That’s similar to what happens when these parties check to see if you have a criminal record. These checks can limit your opportunities much in the same way as a criminal background.
No. In DUI cases, judges are not permitted to negotiate plea deals. That means the only way to beat second offense DUI charges is to convince the police and judge to drop the charges, or to win the case after a full trial.
On the other hand, one possible defense to a second offense DUI is that you were not really convicted of a first offense DUI. Depending upon the facts, our defense lawyers may be able to challenge your first DUI conviction. If successful, the courts would then treat your second offense DUI as a first offense.
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