What’s the Penalty for a Second DWI Conviction in New Jersey?
Driving while intoxicated (“DWI”) is defined under N.J.S.A. 39:4-50 as operating a motor vehicle while under the influence of any controlled substance with a blood alcohol concentration (BAC) of .08% or greater. It is best to avoid getting convicted on any DWI charges, especially if it is a second or subsequent offense. With each conviction, the penalties and consequences become greater.
Consequences for a Second DWI Offense
If you are convicted of a second DWI violation, you will be:
- Subject to a fine between $500 and $1,000,
- Ordered by the court to perform community service for a period of 30 days,
- Sentenced to imprisonment for a term of not less than 48 consecutive hours and no more than 90 days (the 48 hours can be at the intoxicated driver’s resource center in lieu of jail if the Judge permits it),
- license suspension for a minimum period of one (1) year to a maximum of two (2) years upon conviction,
- Required to install an ignition interlock device during the period of license suspension on the defendant’s vehicle which must remain on the vehicle after license restoration for a minimum period of twenty-four (24) months to a maximum of forty-eight (48) months after their driver’s license is restored
In addition to the consequences listed above, you may also be subject to other penalties including:
- A $100 surcharge to be deposited in the Drunk Driving Enforcement Fund,
- A Motor Vehicle Commission restoration fee of $100 and an Intoxicated Driving Program fee of $100,
- A Violent Crimes Compensation Fund fee of $50,
- A Safe and Secure Community Program fee of $75
Reducing DWI Penalties with New Jersey’s Ten-Year Step-Down
New Jersey’s Ten-Year Step-Down law can save some individuals from a second-offense DWI status. Under this law, if 10 years have passed since your first DWI conviction, you are entitled to a step down that permits a second New Jersey DWI to be treated as a first offense when it comes to sentencing.
The step-down rule only applies when the individual charged with a DWI requests its application. This means that you must know that the law exits in order to be able to invoke it. Most individuals do not know about this law, making it imperative to hire an experienced and credentialed New Jersey DWI defense attorney to handle your case.
Contact Us Today!
If you have been arrested for drunk driving, you should discuss your case, including any potential meritorious motions to suppress, with an experienced Elizabeth DWI attorney. For more information or to schedule a free consultation with one of our skilled attorneys, please call Beninato & Matrafajlo Attorneys at Law, LLC at 908-248-4404.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
