Third Offense

Holmdel NJ Third Offense DWI Attorneys

If you were arrested for a third offense DWI in Holmdel, it is crucial that you retain an experienced, skilled, and aggressive attorney to overcome the potentially grave penalties that you are facing. The attorneys at Marshall, Bonus, Proetta & Oliver possess these attributes and are ready to assist you. We are the largest DUI defense firm in the state, possess 3 of the less than 10 in the state who are dual certified on the Alcotest and in Field Sobriety Testing by the National Highway Traffic Safety Administration, and employ several former drunk driving prosecutors, including Nicholas Moschella, Esq., who has previously served in this capacity in Holmdel Municipal Court. To speak to one of the DWI attorneys on our staff about the third or subsequent DWI charge you are facing in Holmdel, call us anytime 24/7 for a free consultation at 732-450-8300. We will gladly discuss the facts of your case and work with you to establish an effective course of action.

Charged With a Third Offense in Holmdel

To better understand the gravity of the consequences associated with a third offense DWI, it is important that you are aware of the penalties that apply under N.J.S.A. 39:4-50. For a third or subsequent violation of this law, your face the following:

Mandatory License Suspension: Following a conviction of a third offense DWI, New Jersey State law requires a mandatory ten year loss of license. If convicted of this DWI offense, it is not possible to receive hardship or work licenses in New Jersey. Therefore, the only way to avoid this consequence and the grave hardship that can accompany it is to successfully contest the charge.

Mandatory Jail Term: The gravest consequence associated with a third offense DWI is a mandatory prison sentence of 180 days. While this penalty was often waived in years past, the New Jersey State legislature has adopted a policy that outlaws the ability to suspend jail time. The only possible relief from a jail sentence is that a judge may substitute 90 days of the jail term with 90 days of in-patient rehabilitation. Again, the only way to avoid this consequence is to successfully defend the third offense DWI charge.

Monetary Fines: New Jersey State requires mandatory initial surcharges totaling $1,500. You will also be required to pay a $1,500 surcharge each year for a period of three years. This surcharge is mandatory for those convicted of third offense DWIs who wish to maintain their New Jersey driving privileges.

Additional Penalties:  In addition to the aforementioned penalties, people who are convicted of a third offense DWI often encounter grave strain upon their families, employment, and reputation. Additional consequences involving this offense can include community service and mandatory alcohol and drug counseling programs.

Lawyer for a Third DWI Offense in Holmdel Township

The attorneys at our firm, Marshall, Bonus, Proetta & Oliver have considerable success in overcoming the mandatory jail time associated with third offense DWI charges. A common strategy that we utilize is achieving post-conviction relief from the consequences of a prior conviction. As a result, the current case is no longer considered a third offense as it pertains to a mandatory jail sentence. This is customarily our starting point in a defense as the most important initial hurdle is to escape the mandatory incarceration that applies. We can then attack the third offense on its merits without compromise of our client’s ability to avoid jail. To go over the particulars of your third offense, contact a Holmdel DWI Lawyer at our office. The consultation is free of charge and we are available around the clock for immediate consultation at 732-450-8300.