Is jail time mandatory for a 3rd DUI conviction?

He may be eligible for a step down since the first offense was over ten years ago. This would make the second a first and the third a second. However, he also has to deal with the driving while suspended which is very serious. This may be one of those times that you really want to hire a private attorney so as to be able to have one person dealing with everything. If the offenses are in different municipalities he would be assigned the pd from those courts. Please call if you have any further questions.

Short answer, yes. That he was suspended for the 2nd DWI when he was charged with the 3rd makes the situation worse.

If it is a third there is a mandatory 180 days. 90 days may be permitted in an inpatient rehab approved by the IDRC. No alternative penalty is allowed, such as SLAP, weekends, house arrest or anklet. But as Mr. Blauvelt suggests you may be able to contest this DWI and any other within 5 years on a PCR. Judge Ahart and prosecutor Dan Gee are reasonable but will not give away the store. I am confused on the 2 DWI. That should have been a step down and therefore the suspension should have only been 1 year max. How was he suspended on that 4 years later. The case law says a 3rd is a 3rd. The second even if a stepdown is a 2nd, sentenced as a 1st. But if the 2nd can be attacked then the stepdown can be used on the 3rd. Sorry to sound confusing. He should fight the 3rd in all ways possible. The PD may help but I would suggest a private attorney. Call for more information.

Jail (180 days) is mandatory for a 3rd DWI (with up to 90 days credit for approved in-patient rehabilitation). This would be considered a 3rd offense even though the 1st offense is over ten years old. Because the gap between #2 and #3 is less than ten years, the Statute regards this as a 3rd offense. It might be possible however, to avoid the jail by going back into the Courts where he was previously convicted and vacating the prior convictions (through a process known as Post Conviction Relief) or obtaining a protective Order (through what is commonly referred to as a Laurick application). Lastly, an attorney can fight the charge (the 3rd offense) and gain an acquittal. A 3rd offense involved a lot of legal work. In addition, if he was driving while suspended for his 2nd DWI, he can be charged under recent law, with a 4th degree felony. This carries penalties of 18-months in jail with 180-days servable without parole eligibility. There may be ways around the jail such as entry into the Pre-Trial Intervention Program. Greggory M. Marootian, Esq. NJ DWI Lawyer www.newjerseydwi.com