A driving under the influence charge is a serious offense, and when you’ve had multiple it can be an even more intimidating experience. The arrest itself can feel scary, but the unknowns that follow are often incredibly overwhelming. What does it mean when you’re facing your third DUI charge? How much of an impact will it have on your life?
If you’ve been charged with your third DUI within a 10 year time period, there are some important strategies to keep in mind when defending your case. Keep reading to learn how to navigate legal strategies and rehabilitation opportunities when faced with your third DUI charge in New Jersey.
Understanding the DUI laws in New Jersey
No matter how many DUIs you have, it’s a good idea to have a clear understanding of what the laws are in your state. New Jersey laws prohibit drivers from getting behind the wheel while impaired due to drugs or alcohol. For most drivers, the legal blood alcohol content (BAC) is .08%. For truck drivers and anyone operating a commercial vehicle, the limit may be as low as .04%.
It’s also important to note that New Jersey has a zero-tolerance policy for underage drinking and driving. This means if a driver is under the age of 21, even the smallest amount of alcohol found in their system could warrant an arrest. Additionally, in New Jersey, drivers who refuse a breath test after an arrest may face having their license suspended.
Why it can be advantageous to seek legal counsel for a third DUI
There are many advantages to seeking legal counsel for a DUI charge—particularly when it’s your third offense. The legal knowledge and professional experience necessary for a favorable outcome is one of the most important reasons for working with a private DUI attorney. Without proper education and experience, the processes and procedures involved in DUI cases can be incredibly challenging to navigate. Additionally, many people often lack the time necessary to dedicate to their case, so having a qualified lawyer on your side is invaluable.
Experienced attorneys have likely handled countless DUI cases, which means they’re well-versed in defense strategies and when a certain approach could be beneficial. Analyzing the circumstances that led to the arrest is also crucial for your case. A premier DUI lawyer will be able to identify any mistakes made by law enforcement that could help strengthen your defense.
When it comes to your third DUI charge, the negotiation skills of an experienced attorney are imperative for a successful outcome. The consequences can be severe, and in many situations, a great lawyer can help negotiate a lesser sentence.
Common defenses for a third DUI charge
Depending on your specific circumstances, an experienced attorney will be able to implement certain strategies for defending your case. If your prior convictions were within the last 10 years, they may choose to challenge their validity, arguing a potential lack of evidence or that there was ineffective assistance of counsel during the proceeding. If successful, your current charge would be considered the second as opposed to third, which can play a huge role in the penalties you face.
Challenging the reliability of field sobriety tests is another common defense for a third DUI charge. First and foremost, knowing which tests are considered valid in your state is important. In New Jersey, law enforcement can administer the walk-and-turn test, the horizontal gaze nystagmus test, or the one-leg stand test. In some situations, however, certain medical conditions such as low blood pressure, vertigo, or vision impairment can have a negative impact on a person’s performance during a field sobriety test.
An experienced DUI attorney may also look at the circumstances that led to making the arrest in the first place. If it was a DUI checkpoint, was law enforcement using a required objective method to select vehicles, or did they choose your vehicle subjectively? If they pulled you over, did they have reasonable suspicion of a traffic violation or crime?
Penalties and rehabilitation opportunities for third DUIs
The penalties that come with a third DUI conviction and any subsequent convictions can be harsh and a huge financial burden. In terms of cost, you’ll likely have fines of at least $1,000 and an annual auto insurance surcharge of $1,500 for three years. You could also face license suspension for eight years and an ignition interlock device in your vehicle for up to four years afterward, which can be expensive to maintain.
In New Jersey, a third DUI conviction means imprisonment for 180 consecutive days—which means weekend-only jail time isn’t possible. An experienced attorney, however, may fight to get 90 days of that sentence served in a drug or rehab program approved by the Intoxicated Driver Resource Center (IDRC).
Rehabilitation is crucial for drivers convicted of DUI who have substance abuse issues. Though not everyone who has multiple DUIs suffers with substance abuse, help is imperative for those who do. Instead of merely punishing the problem with jail time, it offers those drivers the opportunity to get to the root of the issue and heal from the inside out. Proper treatment is important for helping ensure drivers struggling with substance abuse don’t find themselves in a similar situation in the future.
Working with a New Jersey DUI attorney to mitigate the impact of a third charge
If you’ve been charged with your third DUI in the last 10 years, hiring an experienced attorney is a great idea. It’s critical that you have someone in your corner who can give you the support you deserve to help mitigate the impact of your third charge. From identifying the best strategies and arguments to defend your case to negotiating the opportunity for rehabilitation and less jail time, an experienced New Jersey DUI attorney can help you navigate the entire process.
