Getting charged with a DUI, or driving under the influence, is typically an overwhelming experience. If you’ve had a DUI in the past, you’ll know that not only can the initial arrest feel terrifying, but everything that comes after it can be just as intense.
For second-time offenders, knowing how to prepare for court after a DUI is imperative for getting the best outcome possible for your case. Let’s dive into what to expect and how to navigate the second DUI process.
Second DUI Charges In New Jersey
If you’ve been convicted of a DUI within the last 10 years, it’s possible to be charged with a second DUI. Drivers who have a blood alcohol concentration of .08% or higher, commercial vehicle drivers with BACs of .04% or higher, or underage drivers with even the tiniest amount of alcohol in their system could face an arrest for DUI. Additionally, any signs of impairment while driving could warrant a New Jersey second DUI charge—with or without a breathalyzer, blood, or urine tests.
While a DUI charge in New Jersey is considered a traffic violation rather than a criminal offense, the punishment can still be harsh. However, depending on the circumstances surrounding the arrest, it’s possible to also have criminal charges on top of the DUI charge.
For instance, if the DUI involved an accident that caused bodily harm or death to another person, getting into an accident that resulted in injury or death to another individual while in a school zone, driving with a license that was revoked or suspended due to a previous DUI, or fleeing the scene of an accident that caused harm or death to another person, it’s possible that criminal charges could be filed. Additionally, if drugs or some other substance is found at the time of the DUI, the driver may face criminal charges as well.
Penalties For A Second DUI In New Jersey
If convicted, a second DUI could lead to a fine between $500 and $1,000. The driver could expect jail time anywhere from 48 consecutive hours to as much as 90 days as well as 30 days of community service. They could also face license suspension for up to two years followed by up to four years with an ignition interlock device installed in their vehicle.
The Intoxicated Driver Resource Center (IDRC) offers programs for New Jersey drivers convicted of alcohol or drug-related driving under the influence offenses. Typically, participation in these programs will be required for second-time offenders.
Auto insurance can also increase drastically after a second DUI. In many cases, drivers could see a $1,000 surcharge annually for up to three years after the conviction.
How A New Jersey DUI Lawyer Can Help You Prepare For Court
With potentially life-changing repercussions and a process that’s often challenging to navigate, it’s a good idea to have an experienced DUI attorney in your corner to help you get the support and guidance you need throughout your case.
When you have an experienced defense lawyer on your side, they’ll handle the heavy lifting. Be sure to provide them with as much detailed information about your arrest as possible, so that they can appropriately strategize how best to approach your case. They’ll gather all the necessary documentation and any possible witnesses or evidence to support your case. Additionally, they’ll protect your rights through the investigation process, ensuring the process is handled accurately.
In order to have a second DUI charge dismissed in New Jersey, there must be some defect proven in the case. However, in some situations, your first DUI conviction can be vacated so that your current charge becomes a first-time offense, which can help lessen the severity of the punishment drastically. Having a lawyer on your side can help you identify when that approach may be beneficial.
Ultimately, preparing for all possible outcomes is the best way to be ready for court after a second DUI. Knowing what to expect and how best to navigate the process can help alleviate some of the anxiety and stress that comes with a DUI charge in New Jersey.