If you have been convicted of two prior DWI's, and there is less than 10 years between the date of arrest on your second conviction and the date of arrest in your current situation, jail is mandatory under the law, however, under certain circumstances it can be avoided.
Jail can be avoided by obtaining “Post Conviction Relief” from prior convictions. If it can be demonstrated that there were deficiencies in any of your prior convictions, an order may be obtained from the prior court stating that conviction cannot be used to cause you to go to jail in a future or pending matter.
Without Post Conviction Relief, a third or greater offense in New Jersey requires 180 days to be served in a county jail. Ninety of the 180 days may be served in an approved in-patient drug and alcohol rehabilitation program. This is in addition to the fines and assessments in court that are more than $1,325.00, and the surcharges out of court, which are $4,500.00 to the State, and additional surcharges to the insurance company.
Please contact us to discuss your current arrest, as well as your prior convictions.