If you’ve been charged with a third DWI offense in New Jersey, the consequences are severe—especially when it comes to jail time. Many drivers are surprised to learn that alternative sentencing options like weekend jail, house arrest, or outpatient rehab are not available for a third offense.
Here’s a clear breakdown of what the law says, backed by New Jersey case law, and what options—if any—are left on the table.
Under N.J.S.A. 39:4-50, a third or subsequent DWI offense within 10 years of a prior conviction carries:
In State v. Kotsev, 306 N.J. Super. 389 (App. Div. 2007), the court held that weekend jail or participation in the Sheriff’s Labor Assistance Program (SLAP) does not satisfy the 180-day jail requirement for a third DWI.
What this means: You must serve straight jail time unless the court permits inpatient treatment credit.
In State v. Luthe, 383 N.J. Super. 512 (App. Div. 2006), the court ruled that work release programs and outpatient treatment do not count toward the mandatory jail time for a third DWI.
Bottom line: Only inpatient residential treatment may count toward the sentence—and only up to 90 days, at the judge’s discretion.
In State v. Fyffe, 244 N.J. Super. 310 (App. Div. 1990), the court clarified that defendants do not have a right to retroactive jail credit for time spent in an inpatient facility. However, a judge may choose to apply up to 90 days of credit for qualifying residential treatment—especially if it was court-approved and directly related to the offense.
Facing a third DWI charge without experienced legal counsel is a serious risk. Your freedom, license, and livelihood are on the line—and without a knowledgeable attorney, you may lose the opportunity to argue for even partial alternatives like inpatient rehab credit.
At Beninato & Matrafajlo, we’ve successfully defended hundreds of clients charged with DWI across New Jersey—including those facing third-offense jail time. We know how to navigate the system, challenge prior convictions when appropriate, and fight for sentencing alternatives that could reduce the time you spend behind bars.
Call us at (908) 355-7100 or contact us online for a confidential and free consultation. Your future is worth fighting for—don’t face a third DWI alone.