Legal Question in DUI Law in New Jersey

NJ DWI First or Second Offense?

Person got a DWI conviction when they were underage. Less than 10 years have passed and they got another DWI but are over the age of 21 now.

Would this count as their first or second offense? Does it matter that the first DWI was when they were underage? Are there any cases or statutes that support the answer to this question?


Asked on 10/10/07, 9:39 am

2 Answers from Attorneys
Gary Moore Gary Moore Attorney At Law

Re: NJ DWI First or Second Offense?

If the person had a license when the prior dwi conviction was entered he apparently was not underage because he would have appeared in open hearing in municipal court. Where all of ten years elapses between the first and second dwi offense the second dwi can be treated as a first offense. The third dwi offense is a third dwi offense no matter how much time passes between offenses.

You should speak to an attorney about the new dwi case. Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymoorattorneyatlaw.com

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Answered on 10/10/07, 10:15 am
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: NJ DWI First or Second Offense?

That doesn't matter. It will be a second offense and you will go to jail if convicted. I would tell you to get an attorney, but it sounds like you are one since you wouldn't really have access to any cases.

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Answered on 10/10/07, 4:24 pm


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