Jail Time For A DWI Offense

Experienced DWI Lawyers Who Are Skilled in Avoiding Jail

The most serious of the penalties a DWI offender faces is the possibility of jail. No one wants the embarrassment of going to jail or the more obvious implications it poses to working, family interaction and the like. The decision you make in selecting the right lawyer can make all the difference in this regard. In terms of our firm, we honestly believe that there is no other office in the state with the volume experience and credentials for handling dwi that we possess. We have five attorneys who are both Alcotest certified and Field Sobriety certified. We also have over 100 years of collective experience in Monmouth County defending driving while intoxicated charges in Wall Township, Tinton Falls, Middletown and every other town in Monmouth County. We encourage you to review the information that follows regarding the jail that applies to a DWI violation under N.J.S.A. 39:4-50 and to give us a call for a free initial consultation if you need our help.

  • First Offense. An individual is subject to a jail sentence of up to thirty (30) for a first offense dwi. While jail usual is not imposed for a first, offense, there are instances where this does occur, typically where there are serious injuries or property damage. There are also scenarios where jail time is triggered in a first offense case because a defendant failed to comply wth some condition of his or her sentence (e.g. failure to comply with IDRC, etc.).
  • Second Offense. The jail exposure for a second offense is between two (2) days and ninety (90) days. Although the mandatory term of at least two (2) days cannot be suspended, a judge may allow the term to be satisfied through forty eight (48) hours in the IDRC. Notwithstanding, a court has authority to impose more time, up to ninety (90) days, in its discretion.
  • Third or Subsequent Offense. A mandatory jail term of one hundred eighty (180) days applies to a third offense or greater. There is a prohibition against suspending any of this jail time except that a court may allow up to ninety (90) days of the term to be served in an inpatient rehabilitation facility. The rehab must be an approved IDRC facility for the credit to be grantedd. It should also be noted that work release is prohibited in third offense jail scenarios.
  • School Zone DWI. The maximum jail terms for dwi in a school zone are doubled from those set forth for a normal violation under N.J.S.A. 39:4-50.

DUI Attorneys To Maintain Your Freedom

New Jersey takes DWI very serious as you can see. There is no ability to relax the penalties other than to apply the mandatory minimums. So if you are interested in avoiding a mandatory jail sentence, you will have to retain an experienced DUI attorney. Our firm, The Law Offices of Jonathan F. Marshall can offer representation in Freehold, Deal, Asbury Park, Aberdeen or anywhere else you were arrested in Monmouth County. A lawyer with years in practice fighting DUI offenses like yours is ready to speak to you. The consultation with our attorneys is free of charge.

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