Legal Question in DUI Law in New Jersey

Prior DWI

I thought that if a prior DWI was over 10 years old, that a new one would be considered the first offense. Is this true?


Asked on 2/09/08, 2:46 pm

3 Answers from Attorneys
Salvatore Principato Salvatore Principato, Attorney at Law

Re: Prior DWI

As the other attorneys have pointed out, there is usually only one chance to get a ten-year break. However, there was some recent authority for not imposing enhanced penalties. This is still a tricky question for me and I commend you to the research and advice of an experienced attorney fully armed with all of the particulars on this point if you affected by this issue. The enhanced penalty issue includes possible jail abatement from the mandatory jail provision of the 3d offense on DWI. Good luck!

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Answered on 2/09/08, 7:31 pm
Gary Moore Gary Moore Attorney At Law

Re: Prior DWI

It is true for a second offense which is treated as a first offense if it is ten years after first offense but a

third offense is a third offense. Sorry. A conviction for a third offense requires a jail sentence.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 2/09/08, 3:03 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Prior DWI

As Mr. Moore said, only if it is a 2nd offense, not a third.

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Answered on 2/09/08, 4:04 pm


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