Receiving a Driving While Intoxicated (DWI) charge qualifies as a Motor Vehicle infraction in New Jersey. These drinking and driving or DWI charges are deemed to be among the most severe motor vehicle violations in New Jersey. A driver facing a third offense of DWI in New Jersey within ten years will face fines, imprisonment and a ten-year license suspension (among other penalties).
If you or a loved one has been arrested or charged with a third or subsequent DUI, DWI, or Breathalyzer Refusal in Monmouth County or Ocean County New Jersey, contact the third DWI offense lawyers at Villani & DeLuca P.C. for your complimentary initial consultation at (732) 709-7757.
Our Qualifications
Carmine R. Villani, Esq., founding partner of Villani & DeLuca, P.C., is a former Municipal Prosecutor and has practice in both the prosecution and defense of DWI, DUI and refusal charges in NJ. Mr. Villani is one of a select group of New Jersey DWI Attorneys trained on both the Alcotest® Breathalyzer, currently utilized in New Jersey, as well as the formerly used Breathalyzer. When you need a third offense DWI lawyer in New Jersey, act quickly in order to secure the right representation to protect yourself and your rights in court. We will work hard on your behalf to dismiss or reduce the charges you are facing and enable you to receive the optimal settlement for your charges.
Penalties for Third or Subsequent Driving While Intoxicated Offense: N.J.S.A. 39:4-50
Drivers charged with a third or subsequent DWI offense in New Jersey will face severe penalties. Individuals found guilty within 10 years of the second offense or DWI Refusal incur the above penalties as set forth above for “repeat offenders” as well as:
- Fine of $1,000
- Imprisonment of 180 days
- 8-year license suspension
- Detainment in an in-patient alcoholism treatment program
- Fees to be paid to the Intoxicated Driver Resource Center dependent upon court sentence
- Automobile insurance surcharge of $1,500 a year for 3 years
- Ignition interlock device installation for a period of 2 to 3 years after license restoration
Client Testimonial
"Carmine is a great lawyer with an honest and caring approach that helped guide me through the process. I highly recommend him, you will not be disappointed with the results. Thanks Carmine!" – Chris Fedroff
"Well worth the money. Got exactly what I was looking for. Carmine knows what he's doing and talking about. Will use this firm again if needed and recommend to others to use as well." – Harrison Utter
"Villani and his firm were extremely knowledgeable and professional handling my case. I'm extremely satisfied with the outcomes. God bless you and your firm for your dedicated work." – Bernard Perutti
Frequently Asked Questions
1. Is a third DWI considered a "felony" in New Jersey?
Technically, a DWI is a "motor vehicle offense" rather than a "crime" (what other states call a felony) in New Jersey. However, the penalties for a third degree dwi—specifically the six months of mandatory incarceration—are as severe as many criminal convictions. Furthermore, if you are caught driving while your license is suspended specifically for a third DWI, you can be charged with a fourth-degree crime, which would result in a permanent criminal record and additional mandatory jail time.
2. Can prior convictions be challenged to avoid third-offense penalties?
Yes. One of the most effective defense strategies is to challenge the validity of your first or second conviction. If a prior guilty plea was entered without a lawyer or without being properly informed of your rights, a third degree dwi attorney may file a "Post-Conviction Relief" (PCR) motion. If the court agrees that a prior conviction is "constitutionally infirm," it cannot be used to enhance your current sentence, potentially saving you from the 180-day jail requirement.
3. How is a third DWI offense different from a first or second?
A DWI 3rd offense represents the most severe tier of traffic violations in New Jersey. Unlike earlier offenses, where judges may have some leeway, a third conviction carries mandatory penalties that cannot be waived. These include a standard 180-day jail sentence and a license suspension that can last up to 8 years. Because the state views a third offense as a repeated disregard for public safety, the legal process is much more rigid.
4. Can a third DWI charge be reduced to a lesser offense?
In New Jersey, "plea bargaining" for a DWI is strictly prohibited. This means a prosecutor cannot simply agree to drop a third degree dwi to a reckless driving charge just to settle the case. To avoid the mandatory 180-day jail sentence, your attorney must identify a legal or procedural defect in the state's evidence—such as an illegal traffic stop or a malfunction with the Alcotest® machine—that would make the charge unsustainable in court.
5. How does a third DWI affect my insurance and employment?
The collateral consequences of a third degree dwi are often life-altering. Beyond the $4,500 in MVC surcharges, your private auto insurance rates will skyrocket, or your policy may be canceled entirely, forcing you into the high-risk "assigned risk" pool. Regarding employment, while a DWI is a traffic offense, the mandatory six-month jail sentence often leads to job loss. If your career requires a commercial driver's license (CDL) or a professional certification, a third conviction typically results in a permanent or long-term bar from those industries.
New Jersey Third Offense Driving While Intoxicated Law Firm
If you have been charged with a third DWI charge, you are facing very serious consequences under New Jersey law. Do not make the mistake of thinking you don't have a defense; having an attorney that can properly investigate your case is crucial. Since 1996, the lawyers of Villani & DeLuca, P.C. have represented individuals and 1st, 2nd and 3rd offense DWI cases throughout Monmouth County and Ocean County, New Jersey. Contact us for a consultation about your third DWI charge. A NJ 3rd offense DWI Lawyer at Villani & DeLuca can be reached 24 hours a day, 7 days a week at (732) 709-7757.