The New Jersey legislature has taken significant measures to stop people convicted of DUI offenses from becoming repeat offenders. Specifically, it enacted legislation that imposes significantly greater penalties on second-time offenders than on those imposed on people convicted of first-time offenses, despite the fact that the elements of each offense are largely the same. As such, it is critical for anyone accused of a DUI for the second time to engage the services of an assertive New Jersey DUI defense attorney to help them fight to protect their rights.
Second Offense DUI in New Jersey
Essentially, the only difference in the State’s burden of proof in a first offense and second offense DUI crime in New Jersey is the added requirement of proving a prior DUI conviction within the last ten years for second-time offenders. In New Jersey, DUI offenses require proof that the defendant operated a vehicle either while under the influence of alcohol to the extent it impaired their ability to do so safely or with a blood alcohol content of 0.08% or higher, which constitutes a per se violation, or a violation as a matter of law.
Notably, the law does not require the State to prove that a person drove while intoxicated to establish guilt for a second offense DUI. Instead, it merely requires proof of the “operation” of a vehicle. As such, people can be convicted for sleeping, sitting, or accessing their vehicles while intoxicated, if the prosecution can prove it constitutes operation.
Defenses Available for Second Offense DUI in New Jersey
As one of the key components of a second offense DUI charge is proof of a prior DUI conviction, if a defendant can either demonstrate that the prior conviction was invalid or did not occur within the required time frame, it may result in a reduction of the charges to a first offense DUI. The other defenses that may be available are largely the same as those parties can assert for first offense DUI crimes. Namely, a second offense DUI defendant may be able to argue that the State has not produced sufficient evidence to demonstrate their guilt beyond a reasonable doubt. Additionally, if the police did not have reasonable cause to effectuate the traffic stop that led to the second offense DUI charges, the defendant may be able to argue that the stop was unlawful and the charges against them should be dismissed.
Speak to a Trusted New Jersey DUI Defense Attorney
Second offense DUI conviction can result in substantial criminal and civil penalties. If you are accused of a DUI offense and you were convicted of a DUI crime within the past ten years, it is in your best interest to seek the counsel of a knowledgeable DUI defense attorney. At The Law Offices of Jonathan F. Marshall, our trusted DUI defense attorneys possess the skills and resources needed to help people faced with second offense DUI charges seek favorable results, and if you hire us, we will advocate zealously on your behalf. We can be reached via our online form or by calling us at 877-450-8301 to set up a free and confidential meeting.
