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NJ's Repeat DWI Offender Law Sends Speeding Driver to Jail

Wednesday, September 12, 2012 15:31

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(Before It's News)

Everyone probably agrees that you should be able to get a do-over, at least for most things. We all make mistakes, that’s for sure. But when we repeat the same mistake over and over it’s a different story — like one man’s five DWI arrests earlier this year, which drove New Jersey lawmakers to introduce bills to strengthen its repeat DWI offender laws.

New Jersey’s repeat-DWI laws were last updated in 2009; those changes took effect in 2011. Thanks to the updated law, Robert Fredericks will now spend six months in jail after he was pulled over for speeding. Fredericks’ license had been suspended for 10 years — a consequence of his fourth DWI conviction in 2008, according to the Associated Press.

So how does driving on a suspended license get you thrown in a New Jersey jail?

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As with all states, you will be arrested for DWI if you are found to have been driving with a blood alcohol concentration of 0.08% or higher, or with any illegal drugs in your system. This is determined either by a chemical test or by a field sobriety test given by an officer.

In New Jersey, a DWI is a traffic offense while in most other states it’s a crime. However, even repeat offenders in the Garden State can be charged criminally if there were aggravating factors like a crash or a death.

Repeat offenses can carry longer license suspensions, higher fees, and may require the installation of an ignition interlock device. New Jersey law also requires that repeat offenders spend at least 180 days in jail.

Luckily for second-time offenders, you are only required to spend a minimum of 48 hours in jail. But once you hit that third offense, 180 days is the magic number. This is also the case if you have been found to be driving on a license suspended from a DWI conviction like Robert Fredericks.

So if you’ve been pulled over for drunken driving, you will want to talk to a DUI/DWI attorney to discuss the best possible outcome for your case. A DWI lawyer can also warn you about the potential consequences for violating your sentence.

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