Third Offense Driving While Intoxicated Attorneys in Elmwood Park
A conviction for a third Driving Under the Influence offense in New Jersey will lead to a mandatory sentence in the Bergen County Jail. As you will see below, even excluding the mandatory jail sentence, the penalties for a third DWI conviction can have crippling consequences on your life. The Law Offices of Jonathan F. Marshall has been successfully representing individuals charged with their third or subsequent DWI offense throughout Bergen County, including towns like Fort Lee, Teaneck, Mahwah, Fair Lawn, Hackensack, Ridgefield Park, Cliffside Park and Elmwood Park for over fifteen years.
Our staff credentials are as set forth below:
- Over two-hundred (200) years of combined experience in criminal law
- Our firm has ten (10) criminal defense attorneys on staff making our firm one of the largest criminal defense firms in the state of New Jersey let alone Bergen County
- We have three (3) former Municipal Prosecutor’s on staff, whom have prosecuted countless DWI’s. Their experiences gives our team of criminal defense attorneys a unique insight on the key facts that the State looks for when prosecuting all DWI cases.
- We have two (2) attorneys who are certified to administer the Alcotest Machine and one (1) attorney who is certified instructors of the State Field Sobriety Tests. These are the two key pieces of evidence in which the Municipal Prosecutor needs to analyze and use to convict an individual of Driving While Intoxicated. Listed below is some of the major consequences of being convicted of second offense DWI.
3rd Offense DUI Attorneys in Saddle Brook NJ
Mandatory Penalties if Convicted of a Third DWI Offense: N.J.S.A. 39:4-50
The New Jersey Legislatures refuse to provide the Municipal Court Judges with any discretion when issuing the licenses suspension for a third or subsequent DWI offense:
- If convicted of a third DUI/DWI, under the new law you will lose your license for at least eight (8) years. In addition, at least two (2) but up to four (4) years of interlock has to be installed in your car.
- The most serious aspect of a third offense DUI/DWI is that it requires at least one-hundred eighty (180) Days in the Bergen County Jail. However, ninety (90) days could be served at an in-patient facility. Yet, even if 90 days are served in patient, you’ll still be required to serve the other 90 days in County Jail (3 months).
In addition to the above, if convicted of a third DUI/DWI a fine of $1000.00 must be issued and of course the following mandatory assessments must be issued: $50 for the Victims of Crime Compensation Board, $75 for the Safe Neighborhood Fund, $100 for DUI Enforcement, and $100 as a DUI Surcharge and $33 in Court Costs. Further, there is the imposition of the ignition interlock device and the Intoxicated Drivers Resource Center.
Probably the most serious penalty is the mandatory jail sentence. The base term which the Judge must impose is 180 days in the Bergen County Jail. Any defendant who is sentenced to jail as a third or subsequent DWI offender will not be eligible for any diversionary program or early release program. However, a defendant may serve up to ninety (90) days in a pre-approved residential alcohol treatment facility if the presiding Judge is persuaded that it is in the interest of justice that the defendant be afforded this opportunity.
Lastly, if you or a loved one drives during the DUI/DWI license suspension, an indicatable (felony) will be filed by in the Bergen County Superior Court, where the Bergen County Prosecutor’s Office will prosecute the case against you or your loved one. This charge mandates at least six (6) months at the Bergen County Jail if convicted.
Why Hire an Experienced Criminal Defense Firm?
As you can tell, a third or subsequent conviction for DWI in New Jersey can have devastating impacts on not only your life but your loved ones as well too. The Law Offices of Jonathan F. Marshall has been successful in avoiding arguably the most severe consequence one faces when convicted of a third DWI, the 180 day jail term. There are several Post Conviction Relief Motions which may be filed on your behalf to help avoid the entire jail sentence. These are very complicated motions and often require the skill of an experienced DWI attorney to be successful. In fact, one of our clients wrote that he
- “will forever be grateful to the Law Offices of Jonathan F. Marshall, especially Paul Koutouzakis and Tom Martin. I was facing multiple traffic violations from a third DUI arrest. Facing up to 6 months in jail and a 10 year loss of licence, Paul and Tom worked tirelessly on my behalf and kept informed of the progress they were making. To my amazement they were able to have the DUI charge dropped and I only lost my licence for 90 days. I can only say that a huge weight was lifted from my shoulders when Tom informed of the results. I completely recommend the Law Offices of John F. Marshall for any of your legal needs. The professionalism from each staff member I had the pleasure to come in contact with was above all expectations.”
- “just wanna say what a HECK of a TEAM John Marshall’s firm has. I had gotten a 3rd dui dismissed. The team at his law office I highly recommend they really do their homework and went to bat. Myself and my wife are especially thankful as they have save my job my life and got my DUI DISMISSED..Paul Koutouzakis was a hell of a fighter who represented me on my last trial date and fought this to no jail time no 10 years loss of licsense and i walked out to life. I highly recommend John Marshalls team they csre they fight they WIN !!!!!”
- “hired Mr. Marshall to handle my recent DUI. I knew it was going to be a tough case as it was not my first, second or third for that matter. Mr. Marshall dissected my prior offenses and successfully kept me out of jail when other attorneys had told me to accept my fate and get ready to do some time. I truly recommend his services to anyone.”
3rd Offense DWI Attorneys in Bergen County NJ
If you or a loved one is facing a third or subsequent DWI offense in New Jersey The Law Offices of Jonathan F. Marshall can help. We have the experience and man power necessary to successfully defend your case. If you have any further questions regarding your pending charges please contact any one of our Bergen County Offices for a free initial consultation at 201-429-9783, we are available 24/7.