New Jersey rigorously addresses cases of drunk driving. This is because alcohol significantly impairs an individual’s critical driving abilities and their capacity to operate a vehicle safely. Consequently, the law imposes strict penalties, such as steep monetary fines, mandatory installation of an ignition interlock device (IID), participation in an alcohol education program, driver’s license suspension, and even potential jail time. It’s important to note that New Jersey vigorously prosecutes repeat offenders to discourage individuals from engaging in such reckless conduct while behind the wheel again. If this is your second DUI, you will face enhanced penalties. Regardless of whether it’s your first or second DUI offense, the consequences of a DUI can haunt you for the rest of your life. That said, it’s in your best interest to contact our determined Bergen County DUI Attorneys, who can help you limit the impact of a second DUI conviction or dismiss the charges altogether.
What is the Ten-Year Step-Down Rule?
Generally, courts impose harsher sentences on defendants who have prior convictions. However, under New Jersey’s ten-year “step-down” rule, the court must show leniency in cases where ten years have passed between a first and second DUI offense. Essentially, a DUI that is more than ten years old cannot be used against you for sentencing purposes. This rule allows a second DUI to be treated as a first offense for sentencing purposes.
What Are the Consequences of a Second DUI in NJ?
If you have been charged with a second DUI offense in New Jersey and the ten-year step-down rule does not apply, you will face severe penalties upon conviction. If convicted of a second DUI, New Jersey courts will sentence you to the following:
- Subject to a fine between $500 and $1,000
- Perform community service for 30 days (180 hours)
- Driver’s license suspension for a minimum period of one year to a maximum of two years
- Up to 48 hours in New Jersey’s Intoxicated Driver Resource Center
- Required to install an IID during the period of license suspension and for 2-4 years after restoring driving privileges
It’s important to note that a subsequent DUI offense is costly. Some costs associated with a DUI conviction include:
- $50 to the Victims of Crime Compensation Fund (VCCO)
- $75 to the Neighborhood Services Fund
- $100 to the Drunk Driving Education Fund
- $100 Motor Vehicle Restoration fee
- $100 Intoxicated Driving Program fee
- $125 surcharge
If you have been charged with a second DUI offense in New Jersey, it’s crucial to understand that your freedom is at stake. While a first offense will result in up to 30 days in jail, a second DUI offense can result in being sentenced for a term of no less than 48 consecutive hours and no more than 90 days. Therefore, you can spend up to 90 days behind bars.
Given the potential consequences of a second offense, it’s in your best interest to enlist the help of an experienced attorney from The Law Office of Carl Spector, who can help you develop a robust defense strategy. Our dedicated legal team is prepared to represent your interests and protect your rights effectively. Contact our firm today to discuss your case.
