The Law Offices of Palumbo & Renaud
Phone: 908-316-8671

What is the difference between a first and second DWI?

In New Jersey, driving with a blood alcohol concentration level of .08 percent or higher is illegal. Drivers who do so are considered legally drunk and may face significant penalties if convicted. Moreover, drivers who have consumed alcohol sufficient enough to effectively impair their ability to operate a motor vehicle may be charged with driving while intoxicated, irrespective of their BAC level.

The penalties for a first and second conviction are both severe but differ in their particulars. For a first DUI conviction, individuals may face up to $400 in fines and 30 days of incarceration. Furthermore, first-time offenders may receive a three-month license suspension. These penalties apply only to offenders whose BAC was not found to be .10 percent or higher. For offenders with a higher BAC level, the maximum fine and length of license suspension may be greater.

Individuals convicted of a second DWI offense may face up to 90 days in jail and $1,000 in fines. In addition, second-time offenders may receive a two-year suspension of their driver's license. Furthermore, a second conviction may warrant the installation of an ignition interlock device in the offender's vehicle for one to three years.

Manifestly, the DWI penalties in New Jersey are serious and potentially life-altering. The best way for individuals accused of drunk driving to obviate the penalties that accompany a conviction is to establish a robust, multi-pronged defense against the charges. Toward this end, it is critical to retain the representation and resources of a criminal defense attorney. Even when the prosecution's case appears unassailable, the defense attorney may have the opportunity to negotiate for reduced charges and mitigated penalties.

Source: Department of Law & Public Safety, "Driving While Intoxicated in New Jersey", September 09, 2014

No Comments

Leave a comment
Comment Information

Learn How I Can Help You

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Cranford Office
190 North Avenue East Suite 1
Cranford, NJ 07016

Toll Free: 866-664-8118
Phone: 908-316-8671
Cranford Law Office Map

Elizabeth Office
740 Newark Avenue
Elizabeth, NJ 07208

Toll Free: 866-664-8118
Phone: 908-316-8671
Elizabeth Law Office Map

Brielle Office
503 Union Avenue
Brielle, NJ 08730

Toll Free: 866-664-8118
Phone: 908-316-8671
Map & Directions

Phone: 908-316-8671 Fax: 908-272-9029
What is the difference between a first and second DWI? | The Law Offices of Palumbo & Renaud