2nd-offense-dwi1

Yes. If your first conviction involved procedural errors or inadequate legal representation, a motion for post-conviction relief may be available. A successful PCR motion may remove the prior conviction and reduce your current charge to a first offense.

If more than ten years have passed since your first conviction, your current charge may be treated as a first offense under New Jersey law. This must be formally argued and is not applied automatically by the court.

The best approach to fight a DWI charge in NJ on a second offense involves challenging the traffic stop, Alcotest breath test accuracy, and officer protocol. Errors in calibration, maintenance, or administration of the test can create enough doubt to pursue a dismissal