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Multiple DWI Leveraging More Than Two Decades of Experience to Protect Your Future

Multiple DWI Attorney in New Jersey

Reliable Defense & Support for Your 2nd, 3rd or Subsequent DWI Offense in New Jersey

Facing multiple DWI offenses can be overwhelming and frightening, but at Roberts & Teeter, LLC, we are here to help. Our team provides personalized and strategic legal defense for those charged with multiple DWI offenses in New Jersey. With our extensive experience in handling criminal law cases, we ensure that every client receives the dedicated attention they deserve.

A second DWI charge in New Jersey signifies escalated consequences compared to a first offense. You could face a longer driver’s license suspension, stiffer fines, mandatory ignition interlock installation, and possibly even jail time. The anxiety surrounding these potential penalties can be daunting. 

However, understanding the state's specific legal expectations and penalties is a crucial first step. Having informed legal representation that knows how to navigate New Jersey’s intricate DWI laws becomes imperative to safeguarding one’s future and minimizing legal repercussions.

Facing multiple DWI charges? We offer free consultations, affordable services, and are available 24/7. Contact a multiple DWI attorney in New Jersey to protect your future. Call (732) 607-5553 or reach out online.

Understanding Multiple DWI Laws in New Jersey

In New Jersey, the crime of Driving While Intoxicated (DWI) is primarily defined under New Jersey Statutes Annotated (N.J.S.A.) § 39:4-50. The state's laws are strict and unforgiving, and New Jersey does not offer plea bargains for DWI offenses. This means that if you are charged with a DWI, you will either be found guilty or not guilty. The only way to achieve a favorable outcome is to mount a strong defense. 

The key to a multiple DWI charge is the state's "look-back" period, which is 10 years. This means a prior conviction from more than 10 years ago may not be counted as a "prior" for sentencing purposes, but it's not an automatic reduction. A knowledgeable multiple DWI attorney in New Jersey will meticulously analyze the specific details of your case to find any weaknesses in the prosecution's case.

To convict you of multiple DWIs, the state must prove, beyond a reasonable doubt, the following elements:

  • Operation of a Motor Vehicle: This means you were in actual physical control of the vehicle.
  • Intoxication: The prosecution must prove that you were intoxicated. This is typically established in one of two ways:
    • Per Se DWI: The state proves that your BAC was 0.08% or greater, based on a breathalyzer (Alcotest) or blood test result. In a multiple DWI case, the BAC level is less relevant for the penalty, as the penalties are already enhanced.
    • Subjective DWI: The state proves that you were under the influence of alcohol or drugs and that your mental or physical faculties were substantially impaired, even if your BAC was below 0.08%. This is often proven through an officer's observations and your performance on Field Sobriety Tests (FSTs).
  • Prior Convictions: This is the critical element that distinguishes a multiple DWI from a first offense. The prosecution must prove that you have the requisite number of prior convictions within the last 10 years.

The prosecution's case often relies on a variety of evidence, including police officer observations of your driving, your performance on FSTs, and the results of a breath or blood test. This highly subjective evidence is frequently ripe for challenge by an experienced New Jersey multiple DWI lawyer.

Classifications of DWI Offenses in New Jersey

New Jersey does not classify DWI as a felony or a misdemeanor; it is considered a serious traffic offense. However, the penalties increase significantly based on the number of prior convictions.

  • First Offense: The penalties depend on your BAC, but they are significantly less severe than for a second or third offense.
  • Second Offense within 10 years: A conviction for a second DWI is a serious offense. The penalties include a fine of $500 to $1,000, a mandatory jail term of 48 hours to 90 days, a license suspension of one to two years, and mandatory use of an IID for two to four years after your license is restored.
  • Third or Subsequent Offense within 10 years: A third offense is an extremely serious offense. A conviction can result in a fine of $1,000, a mandatory jail term of 180 days, a license suspension of eight years, and mandatory use of an IID for two to four years after your license is restored. The 180-day jail term for a third offense can be reduced to 90 days if the offender enters a court-approved residential drug and alcohol treatment facility.

It is also important to note that multiple DWI charges can be filed alongside other offenses, such as reckless driving or refusal to submit to a breath test. A knowledgeable multiple DWI attorney in New Jersey will work to prevent any enhancement of your charges and will fight for a resolution that minimizes the impact on your life.

Penalties of a Multiple DWI Conviction in New Jersey

A conviction for a multiple DWI charge in New Jersey can result in a complex web of direct penalties and far-reaching collateral consequences that will impact your life for years to come. 

The severity of the penalties depends on the specific classification of the offense:

  • Incarceration: Jail time, ranging from 48 hours to 90 days for a second offense, and a mandatory 180 days for a third offense.
  • Fines and Surcharges: Fines can be substantial, often reaching into the thousands of dollars. You will also be subject to mandatory surcharges from the Motor Vehicle Commission (MVC) of $1,000 per year for three years for a second offense, and $1,500 per year for three years for a third offense.
  • License Suspension: Your driver's license will be suspended for a period of time, ranging from one to two years for a second offense, and a mandatory eight years for a third offense.
  • Ignition Interlock Device (IID): You will be required to install an IID on your vehicle for a period of time, even for a second offense. The IID is a device that prevents your car from starting if it detects alcohol on your breath.
  • Intoxicated Driver Resource Center (IDRC): All DWI offenders are required to attend and complete a program at an IDRC. The length of the program depends on the number of prior convictions.

Collateral Consequences

A criminal record for a DWI can make it incredibly difficult to find employment, obtain professional licenses, or secure housing. Many employers and professional licensing boards have zero-tolerance policies for these convictions, and landlords often deny rental applications to those with a criminal record.

Additionally, a DWI conviction can have severe immigration consequences, including deportation. The social stigma attached to these crimes can also damage your reputation and personal relationships.

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What Sets Us Apart From The Rest?

Roberts & Teeter, LLC is here to help you get the results you need with a team you can trust.

  • Committed to Communicating with Clients
    The lawyers at Roberts & Teeter, LLC are dedicated to keeping clients informed about their cases.
  • Unique & Personal Representation
    Our clients are not handed off to an associate; they work exclusively with the partners of the firm.
  • Exclusive Focus on Criminal Defense
    Roberts & Teeter, LLC only handles matters and cases associated with criminal defense.

Building a Strategic Defense 

Every case is unique, and we develop a defense strategy tailored to your specific circumstances. As a seasoned multiple DWI attorney in New Jersey, we will leverage every possible defense, including:

  • Challenging the Traffic Stop: An officer must have reasonable suspicion to pull you over. If the stop was illegal, all evidence obtained as a result may be suppressed.
  • Disputing Field Sobriety Tests (FSTs): These tests are notoriously unreliable. We can argue that your performance was affected by medical conditions, fatigue, or environmental factors rather than intoxication. The tests are designed to be difficult to pass even while sober.
  • Questioning Alcotest Accuracy: The Alcotest 7110 MKIII-C breathalyzer device used by New Jersey police must be properly calibrated and operated by a certified officer. We can challenge the accuracy of the test results based on issues with the equipment, the testing procedures, or the 20-minute observation period.
  • Contesting an Officer's Observations: We can argue that an officer's observations of your driving or your behavior were subjective and did not prove you were intoxicated.
  • Challenging Prior Convictions: The state must prove that your prior DWI convictions are valid. If we can challenge the validity of a prior conviction, it may prevent the enhancement of your current charge.
  • Constitutional Violations: We will challenge any violation of your rights, such as an unlawful search and seizure or a coerced confession.

Personalized DWI Defense Strategies

At Roberts & Teeter, LLC, we understand the complexities of New Jersey DWI laws and the severe consequences of a multiple offense charge. Our skilled attorneys, Michael Brett Roberts and Matthew Teeter, work tirelessly to analyze your case details, crafting a defense strategy tailored to your unique situation.

  • Deep Understanding: Our exclusive focus on criminal law in New Jersey gives us a profound understanding of the legal landscape, allowing us to effectively defend against DWI charges.
  • Direct Attention: Receive personalized care directly from our primary attorneys, not less experienced staff.
  • Collaborative Approach: We work with a network of experts to ensure the strongest defense strategies.

Our collaborative approach is underscored by our partnership with expert witnesses and investigators who bring invaluable insights into your case. Whether it involves scrutinizing field sobriety test procedures or challenging the officer's rationale for the initial traffic stop, these experts offer critical perspectives that can significantly bolster your defense.

Moreover, understanding that each client’s circumstances and goals are unique forms the core of our tailored defense strategies. We engage thoroughly with you to comprehend every detail and aspect of your case. By doing so, we not only empower you with knowledge about the possible legal trajectories but also fine-tune our defense strategies to align with your objectives and best interests.

Take the Next Step Towards Securing Your Defense

Being charged with multiple DWIs in New Jersey is serious, but you don't have to face it alone. Contact Roberts & Teeter, LLC today for a free consultation to understand your rights and explore your legal options. Our commitment to you is to provide compassionate, professional guidance while working diligently to protect your future. 

Call us at (732) 607-5553 to start securing peace of mind and a tailor-made defense strategy now.

Representation Aimed at Results

Aggressively Pursuing the Best Possible Outcome for Each Client
  • Received No Loss of License 2nd Driving While Intoxicated
  • Case Dismissed 4th Shoplifting Offense
  • Case Dismissed Aggravated Assault
  • Case Dismissed Aggravated Assault & Possession of a Weapon
  • DWI Charge Dismissed Driving While Intoxicated
    Experience Wins Cases

    With nearly two decades of combined experience the attorneys at Roberts & Teeter have what it takes to effectively fight your case and protect your future.