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Madison NJ Second Offense DWI Lawyer

DUI Defense Attorneys in Morris County, New Jersey

First Offense Driving While Intoxicated DWI DWI - 39:4 - 50
Second Offense DWI Lawyer 39:4 – 50

Driving While Intoxicated (DWI) charges in New Jersey are extremely serious. If you are convicted as a Repeat Offender, you could go to jail for 90 days. At a minimum, there is a two-day mandatory term of imprisonment. Additionally, as you may already know, simply being arrested for suspicion of DWI will leave you with a permanent mark on your record. A subsequent DWI conviction will leave an entry on your NJ Motor Vehicle Commission (MVC) driver’s abstract. These entries can have a lifelong impact on your family, friends, and employment. You need an experienced team of NJ DWI lawyers to fight the charges.

The Tormey Law Firm is a team of experienced criminal defense and drunk driving attorneys, who have been representing clients throughout New Jersey for years. We have represented thousands of clients charged with alcohol-related offenses, including refusal to submit to a breath testDWI in a school zone, and underage DWI in Mount Olive, Dover, Madison, Parsippany, and Morristown. In fact, our founding partner Travis J. Tormey, is one of the few NJ attorneys who are certified Alcotest 7110 operators, the breath-testing device used throughout the State. As a result, Mr. Tormey knows the components of the machine, how it works, and if there are any issues with the functioning of the breath-testing device. This knowledge and expertise can be used to attack the reliability of the breath-test result in your case.

Here at the Tormey Law Firm, we understand that a DWI charge can happen to anyone. If you or a loved one has been charged with a driving while intoxicated offense in New Jersey, contact the Tormey Law Firm at 866-949-6948 for a free consultation, or you can use the online contact form.

Second Offense DWI in New Jersey: The Statute

A second offense driving while intoxicated (DWI) charge in New Jersey is governed by N.J.S.A. 39:4-50 which provides, in pertinent part:

§ 39:4-50. Driving while Intoxicated (DWI)

(2) For a second violation, a person shall be subject to a fine of not less than $500.00 nor more than $1,000.00, and shall be ordered by the court to perform community service for a period of 30 days, which shall be of such form and on such terms as the court shall deem appropriate under the circumstances, and shall be sentenced to imprisonment for a term of not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days, and shall forfeit his right to operate a motor vehicle over the highways of this State for a period of two years upon conviction, and, after the expiration of said period, he may make application to the Chief Administrator of the New Jersey Motor Vehicle Commission for a license to operate a motor vehicle, which application may be granted at the discretion of the chief administrator, consistent with subsection (b) of this section. For a second violation, a person also shall be required to install an ignition interlock device under the provisions of P.L.1999, c. 417 (C.39:4-50.16 et al.) or shall have his registration certificate and registration plates revoked for two years under the provisions of section 2 of P.L.1995, c. 286 (C.39:3-40.1).

Penalties for a Second Offense DWI in New Jersey

  • Imprisonment: For not less than 48 consecutive hours, which shall not be suspended or served on probation, nor more than 90 days.
  • Suspension: NJ driver’s license or NJ driving privileges will be suspended for two (2) years.
  • Community Service: 30 days, the judge may order participation in a supervised visitation program as either a condition of probation or a form of community service.
  • Ignition Interlock Device: For not less than one year nor more than three years, or shall revoke all registration certificates and registration plates for two years.
  • IDRC: Must comply with the screening, evaluation, and referral requirements of the Intoxicated Driver Resource Center (IDRC). If these requirements are not met, then mandatory two-day term of imprisonment and driver’s license suspension until requirements are satisfied.

Monetary Penalties for Second Offense DWI/DUI

  • Fine – $500 to $1,000
  • Violent Crimes Compensation Board (VCCB) – $50
  • Drunk Driving Enforcement Fund (DDEF) – $100
  • Safe Neighborhood Services Fund (SNSF) – $75
  • Alcohol Education and Rehabilitation Fund (AERF) – $100
  • Intoxicated Driver Resource Center (IDRC) – $280 fee
  • MVC Surcharge – $1,000/year for three years

Note: Failure to pay DUI surcharges will result in:

  • Indefinite suspension of driving privileges.
  • Action filed in State Superior Court by MVC. This may include securing a lien against your property, garnishing your wages, or other similar action.

Contact a Dover NJ DWI Lawyer for Immediate Assistance 

The qualified DUI/DWI attorneys at the Tormey Law Firm will use our best defense strategies to challenge the State and fight to get the NJ DWI charges against you dismissed. For instance, if your first DWI offense was committed 10 or more years ago and you commit another DWI offense, your new offense can be treated as a first offense based on a “10-year step-down” rule.

If you or a loved one has been charged with a DUI/DWI in New Jersey, contact the Tormey Law Firm at 866-949-6948 for a free consultation, or you can use the online contact form.

The Tormey Law Firm Video Library

If you've been charged with a criminal offense, disorderly persons offense, or traffic / DWI violation, you have the right to an attorney who will defend you against your charges and fight for your best interests. To learn more about how your attorney can fight to have your charges dismissed or reduced, click a link below to see our video library of legal defenses and strategies.

Experience You Can Trust

With unmatched knowledge and experience in the practice of law, the seasoned attorneys at The Tormey Law Firm are committed to serving their clients and tenaciously confronting the allegations against them.

We will examine every facet of your case in order to defend your constitutional rights and reputation.  

With a dedicated legal advocate to assist you, our attorneys will ensure that you are never forced to navigate the complex legal process on your own.

The Tormey Law Firm

Morristown Location

55 Madison Avenue, Suite 400

Morristown, NJ 07960

Areas We Serve

All of Morris County including Boonton, Boonton Township, Butler, Chatham Borough, Chatham Township, Chester Borough, Chester Township, Denville Township, Dover, East Hanover Township, Florham Park, Hanover Township, Harding Township, Jefferson Township, Kinnelon, Lincoln Park, Long Hill Township, Madison, Mendham Borough, Mendham Township, Mine Hill Township, Mont Arlington, Montville, Morris Plains, Morris Township, Morristown, Mount Olive Township, Mountain Lakes, Netcong, Parsippany-Troy Hills Township, Pequannock Township, Randolph, Riverdale, Rockaway Borough, Rockaway Township, Roxbury Township, Victory Gardens, Washington Township, and Wharton.