When someone has been accused of a drunk driving charge that will result in a third DUI conviction, the stakes are raised. While convictions for first and second DUI’s carry significant penalties, third convictions become very serious.
With a required jail term of up to 180 days and a required loss of license for eight years, this accusation can change a person’s life. New Jersey third offense DUI lawyers work with clients who have been accused of DUI any number of times.
Distinguished DUI attorneys work with people to devise the best possible defense under the circumstances to protect their financial and personal freedoms.
Third Time DUI Law
Any person who operates a vehicle while under the influence of intoxicating liquor, narcotics, hallucinogens, or operates a vehicle with a blood alcohol content (BAC) over 0.08 percent or more, is guilty of DUI.
The statute titled, “Driving while Intoxicated,” the language of the law speaks of “operation.” Operation has been defined by New Jersey’s courts as being in a vehicle with the intent to drive. Therefore, a person can be convicted of DUI without ever actually driving their car.
Third offense DUI lawyers are familiar with this concept and can work to discredit the prosecution’s theory that the defendant was operating at the time of their arrest.
Legal Basis for Intoxication
A second interesting aspect in the statute is its dual nature. A person can be charged with both being under the influence of alcohol, or having a BAC level of 0.08 percent or more.
This means that even if a person is administered a breathalyzer test and passes, with a 0.05 percent for example, the arresting officer can still make an arrest based upon their subjective observations of the person’s physical and mental state.
It is in this nebulous region that many cases are decided, even when there is a passing or non-existent breathalyzer test result. It may be critical to contact a New Jersey third offense DUI lawyer for any concerns regarding the impact of a breath test on a potential client’s case.
Penalties for a Third DUI Offense
The penalties for third offense DUI are very harsh. Embedded within New Jersey Revised Statute 39:4-50 are the following:
- Loss of license for 8 years
- Mandatory jail term of 180 days
- 30 days of community service
- Completion of evaluation, referral, and program requirements of the Intoxicated Driver Resource Center
- Ignition interlock device for two to four years following license restoration
- A minimum of $3,325 of fines, penalties, and surcharges
What is the Impact of Refusing Breath Tests?
There is a very strict penalty for refusing to take a breathalyzer test for the third time.
These include:
- 8 loss of license
- Referral to an alcohol education program
- A minimum of $5,600 in fines, penalties, and surcharges
Hiring a Lawyer
Whether this is a person’s first, second, third time being charged with DUI, attorneys are here to help. Lawyers explain to their clients why they are being charged as they are and determine a strong and thorough defense strategy.
Whether this involves dealing with a positive breathalyzer test, the officer’s subjective observations, or both, New Jersey third offense DUI lawyers are here to fight along-side you every step of the way.