Second Offense DWI in New Jersey

New Jersey legally defines driving while intoxicated (DWI) as operating a motor vehicle under the influence of an intoxicating substance or with a blood alcohol content of 0.08% or higher (N.J.S.A. 39-4-50). For commercial vehicles, the BAC limit is below 0.04%, while underaged drivers commit DWI in New Jersey when there is any detectable quantity of alcohol in their system. A second offense DWI happens when a previous offender is convicted of another DWI within 10 years.

In New Jersey, individuals convicted of a second DWI offense face substantially harsher penalties. These sanctions reflect the state's strong stance against drunk driving and its commitment to public safety. They aim to prevent repeat offenses and promote responsible driving habits.

Is a 2nd DWI a Felony in New Jersey?

No. New Jersey does not classify DWI offenses as "misdemeanors" or "felonies", as many other states do, as the state does not treat DWIs as criminal offenses. Instead, a second DWI is considered a serious traffic violation that attracts severe administrative consequences.

However, a second DWI violation may become a criminal offense in the face of aggravating factors, such as:

• Driving with a driver's license that was revoked or suspended for a first DWI
• Causing an accident/crash that results in bodily injury or a fatality
• Driving while intoxicated in a school zone, resulting in injury or death
• Fleeing the scene of a DWI accident involving injury or death

What is the Lookback Period for a Second DWI in New Jersey?

Ten years. New Jersey considers an individual's past DWI record when determining penalties for a new charge. If a second offense occurs within 10 years of a prior conviction, sentencing will reflect the repeat offense status.

However, if more than 10 years have passed, the court may exercise discretion to apply lesser penalties, potentially treating the new offense as a first-time violation for sentencing purposes.

The 10-year time lapse is called a "lookback" or "washout" period.

What are Aggravating Factors in a Second DWI?

As mentioned earlier, a second DWI offense in New Jersey carries more severe consequences than a first. However, certain aggravating factors may worsen the penalties for a second-time DWI offender in the state. Typical examples of such aggravating circumstances include:

• A high blood alcohol concentration, typically 0.15% or greater (in some cases, a BAC of. 10% is considered an aggravating factor)
• Driving while intoxicated with an underage (minor) passenger in the vehicle
• Causing a road crash
• Causing an accident/crash that results in property damage or kills/injures another
• DWI within 1,000 feet of a school zone
• Refusing a breath or blood test upon an officer's request
• DWI with a suspended or revoked license

What Happens If You Get a 2nd DWI in New Jersey?

Second-time DWI offenders in New Jersey are liable to face the following penalties:

• A fine ranging from $500 to $1,000
• Prison term of up to 90 days (minimum of 48 hours)
• License suspension of up to 2 years (minimum of 1 year)
• Completion of a court-ordered IDRC (Intoxicated Drivers Resource Center) evaluation, referral, or program
• 30 days of community service
• A 3-year auto insurance surcharge of $1,000 yearly
• Installation of an IID (Ignition Interlock Device) for the duration of a license suspension and up to 4 years after the license is restored

How Long Does a Second DWI Stay On Your Record in New Jersey?

A second DWI in New Jersey remains on the offender's criminal record forever, with no option for expungement. Beyond the legal repercussions, a DWI often has other significant consequences, such as:

• Increased insurance premiums
• Revoked professional license(s)
• Reduced chances of working in specific sectors, such as jobs requiring driving
• Strained relationships and a poor personal reputation

How Much Does a Second DWI Cost in New Jersey?

In New Jersey, a second DWI within 7 years of a first carries a fine up to $1,000. However, this penalty can significantly increase if aggravating circumstances (e.g., causing a collision or death) are present. Second-time offenders are also liable for the following costs:

• $3,000 in automobile insurance surcharges
• $75 Safe and Secure Community Program fee
• $100 Drunk Driving Enforcement Fund surcharge
• $100 Motor Vehicle Commission restoration fee
• $100 Intoxicated Driving Program fee
• $50 Violent Fines Compensation Fund fee

Chances of Going to Jail for a Second DWI in New Jersey

New Jersey courts impose a mandatory jail time of at least 48 consecutive hours for second DWI offenders, which may be served in county jail or an Intoxicated Driver Resource Center. The maximum sentence is 90 days in county jail. However, where aggravating factors, as discussed above, are present, the judges are inclined to impose higher sentences.

Driver's License Suspension for a Second DWI in New Jersey

In New Jersey, a second DWI conviction carries a mandatory driver's license suspension lasting between one and two years. The suspension is imposed by the New Jersey Motor Vehicle Commission (MVC) and begins immediately after one's conviction. Although aggravating factors do not necessarily increase the driver's license suspension period, they may prompt the judge to impose the maximum length of the suspension within the allowed range.

Unlike certain U.S. states, like New York, New Jersey does not offer a hardship or restricted license for DWI offenders who lost their driving privileges. This means offenders cannot legally drive to work, school, or any other select place during the suspension period.

Ignition Interlock Device Requirement

New Jersey's Ignition Interlock Device (IID) requirement for second-time DWI offenders serves as an alternative to the strict "no hardship license" policy. Per the state's DWI laws, offenders may retain some driving privileges (if the court permits) when they install an IID during the suspension period and for an additional two to four years following license restoration.

An IID stops a vehicle from starting if it detects alcohol on the driver's breath. Individuals who voluntarily install this device before their conviction may be eligible for reduced fines, a shorter license suspension period, and a "2-for-1" credit. The "2-for-1" credit allows individuals convicted of alcohol-related DWI offenses to earn one day of license suspension credit every two days they have an ignition interlock device installed.

The eligibility requirements for the "2-for-1" credit are highlighted below:

• The offense must involve alcohol only and not drugs.
• The offense must not have caused serious bodily injury to another.
• The offense must not involve a commercial vehicle whose driver is found under the influence of controlled substances.
• The offender had a valid New Jersey driver's license at the time of the offense.

DWI School and Substance Abuse Treatment

A Driving While Intoxicated (DWI) conviction in New Jersey necessitates compulsory participation in an Intoxicated Driver Resource Center program. For second DWI offenders, this is a 48-hour session typically spanning a weekend. The program focuses on evaluating participants to determine the extent of their substance use and referring them to additional programs where necessary. Participants are also educated on alcoholism, its effect on driving abilities, its legal consequences, and related topics.

Non-compliance with IDRC requirements, including failure to attend or complete the program, as well as any recommended treatment, may lead to additional penalties. These consequences can include an extended license suspension period or even extra jail time.

Probation Conditions

Second DWI offenders may be subject to probation as part of their sentencing requirements. Generally, New Jersey judges are allowed to vary probation terms to suit the peculiarities of each case. However, the typical probation conditions are:

• Regular meeting with the assigned probation officer
• Random drug testing
• Alcohol or drug counseling
• No arrests or additional crimes
• Travel restrictions
• Wearing a monitoring device
• Anger management counseling

The probation period does not exceed the maximum time the judge sentences the offender to, or more than 5 years, whichever is less.

Community Service Requirements

A second DWI offense in New Jersey carries a mandatory community service of 30 days (N.J.S.A. 39-4-50(a)(2)). In practice, a day of community service is approximately 6 hours long. The kind of activities included in community service may vary from case to case. However, they involve unpaid work that serves the community, such as:

• Volunteering at a hospital, nursing home, animal shelter, etc.
• Cleaning public spaces, such as parks, schools, and roads
• Working in food banks or soup kitchens
• Participating in alcohol or drug education programs

Impact on Auto Insurance

A second DWI offense in New Jersey can have far-reaching consequences on the offender's auto insurance. Generally, DWI convicts are considered high-risk drivers who are more likely to cause accidents in the future. Consequently, insurance providers will attempt to offset this risk by raising the offender's premiums. Insurance companies may also take more drastic measures by canceling the offender's policy or refusing to renew it once the facts of the DWI conviction emerge.

Which Courts Handle DWI Cases in New Jersey?

Per Rule 7:1 of the New Jersey Rules of Court, municipal courts have original jurisdiction over DWI cases. However, DWI cases involving additional criminal charges, such as assault by auto, may fall under the jurisdiction of the superior courts.

Below is a list of courts in major counties/cities in New Jersey where DWI cases are handled:

Carlstadt/Wallington Municipal Court
500 Madison Street
Carlstadt, NJ 07072

City of Jersey City Municipal Court
Lewis S. McRae Justice Complex
365 Summit Avenue
Jersey City, NJ 07306

City of Trenton Municipal Court
225 North Clinton Avenue
Trenton, NJ 08609

Elizabeth Municipal Court
1 Police Plaza
Elizabeth, NJ 07201

Woodbridge Municipal Court
1 Main Street
Woodbridge, NJ 07095

Apart from the court system, second DWI offenders are also subject to administrative actions from the New Jersey Motor Vehicle Commission. The MVC enforces mandatory license suspensions, monitors the installation and compliance of court-ordered ignition interlock devices, restores driving privileges after suspension periods, and oversees administrative hearings and appeals regarding motor vehicle violations that affect a driver's license status.

Individuals who wish to appeal their license suspension may contact the MVC for detailed information at any of the following regional service centers:

Paterson
125 Broadway
Suite 201
Paterson, NJ 07505

Wayne
481 Route 46
West Wayne, NJ 07470

Newark
120 South Stockton Street
Trenton, NJ 08608

Eatontown
109 Route 36
Eatontown, NJ 07724

West Deptford
215 Crown Point Road
Thorofare, NJ 08086

Can You Get a DWI on a Horse in New Jersey?

No. Individuals cannot be charged with DWI on a horse in New Jersey, as horses fall outside the definition of "motor vehicles" under the state's DWI statutes.