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Second Offense DWI Attorneys in Plainfield, NJ

Experienced DWI Lawyers Contest Drunk Driving Charges in Union County, Middlesex County, and Essex County, NJ


NJ lawmakers have gone to great lengths to ensure that motorists are discouraged from operating motor vehicle on New Jersey highways and roadways while under the influence of alcohol. That’s why anyone caught Driving While Intoxicated (DWI) in the State of New Jersey is subject to significant penalties that can include suspension of their driver’s license and even jail time. Moreover, these penalties are enhanced for repeat offenders, meaning that a second offense DWI conviction can result in stricter punishments than a first offense DWI. The most important thing a person can do when they are arrested and charged with a second offense DWI is to contact a qualified DWI defense attorney who will fight on their behalf and protect their rights throughout the legal process.

Andrew John Calcagno is an experienced, aggressive criminal defense and DWI defense lawyer with years of experience defending clients against drunk driving charges across New Jersey, including Union, Roselle, East Orange, Bloomfield, Middletown, and Paterson, NJ. Mr. Calcagno is the founder of Calcagno & Associates and leads a skilled team of dedicated attorneys who understand the nuances of DWI and DUI laws in New Jersey.

Pulled Over for a DWI Violation in New Brunswick, Edison, or Anywhere Else in Middlesex County, NJ? Contact an Experienced DWI Defense Lawyer Immediately!

In New Jersey, the legal limit for alcohol intake is .08 percent blood alcohol concentration (BAC). This means that anyone operating a motor vehicle on a New Jersey road must be capable of passing a breathalyzer test and registering a BAC below .08 percent. For certain special categories of drivers, such as commercial truck drivers and underage drivers, the BAC standards are even stricter.

The penalties for a DWI conviction vary, depending on the type of motorist, the driver’s BAC level, the circumstances of the DWI arrest, and the number of prior DWI offenses.

Enhanced Penalties for a Second DWI Conviction in NJ Within 10 Years

Under New Jersey law, drivers who are convicted of Driving While Intoxicated face penalties that include suspension of their driver’s license, possible jail time, heavy monetary fines, and other adverse consequences. Beyond that, something known as the “Ten-Year-Rule” means that repeat offenders who are convicted of a second DWI offense within a 10-year period are subject to even more severe penalties:

  • License Suspension: A second offense DWI conviction can result in suspension of the offender’s license for two years.
  • Jail Time: While jail time is highly unlikely for most first-time offenders, repeat offenders may find themselves subject to mandatory terms of incarceration. For a second offense DWI conviction, the sentencing range is between two and 90 days in the county jail. (Although sometimes it is possible for an attorney to get the mandatory jail sentence lifted.)
  • Fines: Second offense DWI violators are typically subject to a fine of between $500 and $1,000.
  • Other Monetary Penalties: The Motor Vehicle Commission (MVC) imposes surcharges of $1,000 per year for each of three years after a second offense DWI conviction.
  • Community Service: Second offense DWI violators can be ordered to perform 30 days of community service.
  • Alcohol Education Classes: A person convicted of a second offense DWI can be ordered to attend alcohol education classes at an Intoxicated Driver Resource Center (IDRC).
  • Ignition Interlock Devices: After a repeat offender’s license suspension is over and their driving privileges have been restored, they will still have to install ignition interlock devices on all of their vehicles for between one year and three years.

Contact an Experienced DWI Defense Lawyer in Newark, NJ

Keep in mind that even after you have served your time and met all of the conditions of your DWI sentencing, there is no guarantee that your driver’s license will be reinstated. Now think about how difficult it will be for you to get to work and otherwise live your life without the ability to legally operate a motor vehicle. The best thing you can do to protect your driving privileges is to speak with a skilled DWI defense lawyer who knows what it takes to win these types of cases.

If you have been charged with a second offense DWI in New Brunswick, Paterson, Linden, or anywhere else in the State of New Jersey, Andrew Calcagno and the experienced team of DWI defense attorneys at Calcagno & Associates can help you. Contact us today to go over your case over the phone or at one of our offices in Westfield, Cranford, Newark, Red Bank, or Clifton.

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“The amount of pride and overall care he has for his clients is felt immediately. When I first meet him, I never felt rushed or pressured to sign up with him. Andrew and his staff are caring, knowledgable people that make you feel at home.”
- Louis