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The Law Offices of Jonathan F. Marshall

Morris County

NJ Criminal Defense Lawyers


Our team of skilled attorneys includes former County and Municipal Prosecutors with over 100 years combined experience and is available to assist you immediately.

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Third Offense DWI

Third Offense DWI Lawyers in Morris County NJ

Parsippany NJ DWI Defense Attorneys

In Morris County, in coordination with the State’s mandate to keep our roads safe for drivers of all ages, a third or subsequent DWI offense is punished to the utmost extent of the law.  If you or a loved one has been charged with this serious offense, you cannot afford to have no representation or only competent representation, you need the best representation you can obtain. The DWI / DUI defense attorneys on staff at the Law Office of Jonathan F. Marshall are trained and prepared to aggressively fight your charges. Our team of eight Morris County, New Jersey driving while intoxicated defense lawyers possess some very unique qualifications when it comes to defending individuals charged with dwi. We have been representing individuals charged with driving under the influence, refusal to submit to a breath test, driving while intoxicated in a school zone, underage DUI and marijuana DUI in Morris County for over a decade. If you or a loved one has been charged with DWI in Mountain Lakes, Roxbury, Mount Olive, Dover, Denville, Rockaway, Hanover, Rockaway, Washington or Mendham, we can help. To set up a free initial consultation, please contact our Morristown office directly at 973-309-7050. Our attorneys are available 24/7 to answer any questions that you might have. Now here is some key information on third or subsequent offense DWI’s.

N.J.S.A. 39:4-50: DUI Lawyer in Roxbury NJ

In essence, as with every DWI offense under NJSA 39:4-50, the state’s drunk driving statute, the state has the burden of proving two elements of the offense, namely operation of a motor vehicle and intoxication of the driver of that vehicle.

As for operation of the vehicle, it is of note that the state’s burden is not especially hard to prove.  Through one of three methods, the state may prove it’s burden.  First, the state may be able to offer direct evidence of operation, i.e., the arresting officer witnessed the defendant driving the vehicle.  Second, the state may be able to prove operation through circumstantial evidence.  By this I mean that the state may be able to prove as a result of where the vehicle or driver are at the time of the arrest that the vehicle had been operated.  For example, this most often is used where the officer did not witness the defendant driving, but the defendant has been involved in an accident or is parked on the side of the highway, such that the state may be able to create a presumption of operation, because the car could not be there if someone were not driving it.  The third way the state can prove operation, ironically, is if the defendant admits to operation of the vehicle.

Lastly, it is of note that the state has one additional weapon in its arsenal.  The state does not have to actually prove operation, just intent to operate a vehicle.  So if, for example, someone stumbled out of a bar, got behind the wheel of their car, put the keys in the ignition, and an officer happened to witness all of this occurring, the officer need not let the defendant get on the road before making an arrest.  This reflects state policy that the intent to operate a vehicle while intoxicated is just as bad as if you had actually operated the vehicle.

As for proof of intoxication, in a third or subsequent DWI offense, the state need only show that your BAC was over .08%.  The state has two primary methods of proving intoxication, field sobriety tests and the breathalyzer test.  Field sobriety tests are something we are all familiar with.  Typically speaking, they are the tests requiring you to walk a straight line, say the alphabet backwards, stand on one foot, etc.  The breathalyzer test in the state of New Jersey is the Alcotest 7110.  For it to be admissible in court, the state must obtain two viable samples following a very specific procedure outlined in the landmark case of State v. Chun.

What are the penalties for a Third Offense DWI in NJ?

Will I go to Jail for a 3rd DWI Conviction?

If after this, the state has established both elements, a person convicted of a third or subsequent offense DWI faces extremely harsh penalties.  The first and most severe of them is suspension of your driver’s license for 10 years.  Additionally, you will be subject to a $1000 fine, surcharges of $1500 annually for three years, up to 90 days of community service, and an ignition interlock device will be installed on your vehicle.  Lastly, and also pretty severe, you may be imprisoned for up to 180 days for this offense.

Experienced DWI Defense Attorneys in Dover NJ

While of this should serve to impress upon you the severity of the offense, do not think that there is nothing that can be done for you.  An experienced attorney will know how best to dispute both the state’s probable cause for making the arrest under the operational element and, also, how to attack the reliability of the State’s use of field sobriety tests and the breathalyzer test as applied to you. If you have been charged with a DUI, DWI or Refusal in towns like Randolph, Pequannock, Madison, Morris and Denville, we can help. There may be no group of attorneys in the state of New Jersey more qualified to do that than those of us here at the Law Offices of Jonathan F. Marshall.  So please, if you or a loved one has been charged with this serious offense in Morris County, do not hesitate to contact one of our offices today for a free consultation with an experienced attorney about the particulars of your DWI case.