Piscataway Third Offense DWI Lawyers

If you are reading this and have been charged with your third or subsequent DWI offense in Piscataway Township, we hardly need to explain how serious New Jersey law treats drinking and driving. This is even more so the case as it concerns a third offense as you will be subject to a 180 days jail sentence if you are convicted and sentenced as a third or subsequent offender under N.J.S.A. 39:4-50. Although this is plainly the state of the law, our firm, the Law Offices of Jonathan F. Marshall, is able to avoid outcomes like this in more cases than not for those who hire us for a third offense. Our results come from decades of experience, including hundreds of third and subsequent offenses handled in towns like Piscataway. Our team of 8 defense lawyers include multiple former DWI prosecutors who have the knowledge and skills necessary to help you. Call our Piscataway Offices to speak to an experienced third offense defense law now. The consultation is free.

third offense dwi piscataway nj attorney

Under N.J.S.A. 39:4-50, the state’s statute that governs intoxicated driving, it is illegal for a person to operate a motor vehicle with a blood alcohol concentration of .08% or more. Intoxication may be proven in three ways.  The first is field sobriety testing.  Most people are familiar with these and may even have jokingly done them with friends to prove their sobriety after parties.  These are the tests that ask you to state the alphabet backwards or walk a straight line, for example.  The prosecution relies most heavily, however, on the breath test.  The breathalyzer used in the State of New Jersey is the Alcotest 7110 and the results of that test are deemed scientifically reliable in a court of allow so long as the officer follows a very specific procedural process.  Finally, the prosecution is allowed to use a blood test to determine BAC, however, unlike the breath test, there is no implied consent law requiring you to submit to a blood test in this state.

Presuming the prosecution is able to establish both of these elements, the penalties and fines associated with a third or subsequent DWI offense in Piscataway Township are severe.  The most detrimental perhaps is the mandatory incarceration you will face. N.J.S.A. 39:4-50 imposes a 180 jail term that must be served if you are found guilty and sentenced as a third offender. There is also a 10 year driver’s license suspension and well over a $1,000 dollars in fines and assessments that are payable to the court. In addition, you will have to pay $1,500 per year for a period of three years to the State of New Jersey as a surcharge and your period of suspension will be delayed/tolled for that period that your surcharges go unpaid. Finally, the ancillary consequences of a conviction in terms of inability to driver, increased insurance premiums upon restoration of your license, etc., are immeasurable.

While the ramification of a conviction are clearly extreme, as we stated earlier, our team of DWI attorneys has a track history of avoiding third offense treatment in more cases than not. What this means is that we probably have at least a 50% chance, based on prior experience, of avoiding the 180 day jail term even though it is mandatory for a third or subsequent offense. We are able to achieve this outcome because we not only invest our time in contesting the third offense you are facing in Piscataway but also attempting to obtain post-conviction relief in your prior cases. Call our Piscataway Office to discuss the facts associated with your prior convictions and the current case with an experienced DWI defense lawyer at our firm. We will give you our time and consideration. The guidance we provide to you is without obligation as the consultation is free of charge.