Third Offense DUI/DWI

Third Offense DUI/DWI in New Jersey

A High-Stakes Legal Crisis

A third DUI (Driving Under the Influence) or DWI (Driving While Intoxicated) offense in New Jersey is no longer treated as a mistake—it’s viewed as a threat to public safety. With each successive conviction, the legal consequences grow exponentially more severe. For individuals facing a third DUI offense, the penalties are not only mandatory, they are life-altering. Courts take a no-tolerance stance, and even minor procedural errors on your part can have devastating consequences.

At Omojola Law, we know that every case has a unique story. Whether you are struggling with substance abuse or were wrongly charged, we are here to help. Our legal team offers strategic defense, negotiation skills, and deep experience in fighting DUI convictions in New Jersey.

Mandatory Legal Penalties for a Third DUI Offense in New Jersey

There Are No Second Chances—Only Strategic Defense

New Jersey imposes some of the harshest DUI penalties in the nation, and third offenses carry non-negotiable consequences. Courts have little to no discretion in sentencing unless a strong legal argument is made beforehand. These are the primary penalties:

1. Mandatory Fine of $1,000

The fine may seem manageable on the surface, but it’s only the beginning. With court surcharges, MVC penalties, legal defense costs, and possible rehabilitation expenses, the total financial impact easily exceeds $15,000 to $25,000.

2. Jail Sentence of 180 Days

• Mandatory six-month county jail term
• Up to 90 days may be served in an inpatient rehabilitation program, if approved by the court
• No house arrest or weekend jail options

Jail time will dramatically impact your ability to work, care for family, and maintain your daily life. Omojola Law works to secure rehab options whenever possible to minimize incarceration and focus on recovery.

3. 10-Year Driver’s License Suspension

This is arguably the most devastating consequence for most individuals. Losing your driving privileges for an entire decade affects:

• Your ability to maintain employment
• Your role as a parent and household provider
• Your social life and personal independence

New Jersey does not offer hardship or conditional licenses for DUI cases, making it even more critical to fight for reduced or dismissed charges.

4. Ignition Interlock Device (IID)

• Required for 2 to 4 years following license reinstatement
• Must also be installed during the suspension period if any driving privileges are restored by court order
• Costs can exceed $1,000 annually

Omojola Law can help you manage court-ordered compliance and defend against false positive results or technical device errors.

5. 30 Days of Mandatory Community Service

The court will assign specific community service projects, usually in public agencies or nonprofit organizations. Failure to comply results in additional jail time or penalties.

6. $1,000 Per Year MVC Surcharge for 3 Years

This is in addition to your fines and any insurance increases. You must pay this directly to the NJ Motor Vehicle Commission, or risk license suspension and debt collection efforts.

7. Enrollment in a State-Approved Rehabilitation Program

As part of your sentencing, the court may recommend or require alcohol or substance abuse treatment. Completing these programs is essential to avoid further sanctions.

Challenging a Third DUI Offense: What Are Your Options?

You Are Not Without Defense

A third DUI charge is serious, but it is not unbeatable. Many DUI arrests involve procedural errors, misinterpretations, or faulty equipment. At Omojola Law, we challenge every aspect of your case, from the legality of the traffic stop to the validity of chemical test results.

1. Challenging the Traffic Stop

Police officers must have a legitimate reason to initiate a traffic stop. If your attorney can prove there was no reasonable suspicion, all evidence obtained after the stop may be suppressed.

2. Field Sobriety Test Errors

These tests are prone to inaccuracy and often depend on subjective interpretation. External factors like road conditions, footwear, and medical conditions can all result in false positives.

3. Breathalyzer Machine Calibration

Breathalyzers must be regularly calibrated and maintained according to strict standards. If the equipment wasn’t certified or used properly, test results can be excluded from evidence.

4. Rising BAC Defense

This defense asserts that your blood alcohol content increased between the time of driving and when you were tested, meaning you were under the legal limit while operating the vehicle.

5. Violation of Miranda Rights

If officers failed to inform you of your right to remain silent or denied access to an attorney, your statements might be inadmissible.

Collateral Consequences of a Third DUI Conviction

The Impact Goes Beyond Jail Time

A third DUI offense will follow you long after court proceedings are over. The ripple effects can disrupt your life for years to come:

• Employment Barriers: Many employers view multiple DUIs as disqualifying for roles involving trust, driving, finance, or healthcare.
• Child Custody Complications: Your parenting ability may be challenged in court, potentially limiting custody or visitation rights.
• Immigration Issues: Non-citizens may face visa revocation, denial of re-entry, or even deportation proceedings.
• Public Stigma: A third DUI conviction becomes part of your permanent driving record and may appear in public databases or news outlets.

Why You Need a DUI Defense Lawyer Immediately

Time is Critical in a Third DUI Case

Every moment counts. From preserving evidence to negotiating sentencing alternatives, the earlier your defense begins, the better your chances of avoiding the harshest penalties. Our legal team at Omojola Law will:

• Request police dashcam and bodycam footage for analysis
• Subpoena calibration and maintenance logs for breathalyzer equipment
• Explore rehabilitation options to reduce jail time
• Challenge the constitutionality of arrest and testing procedures
• Build a custom legal strategy based on your case facts and history

What to Do If You or a Loved One Is Facing a Third DUI Offense in New Jersey

You Still Have Legal Rights—Use Them

Being charged with a third DUI is terrifying—but surrendering to fear won’t protect you. What will protect you is action. Every moment matters. At Omojola Law, we’ve seen firsthand how fast, strategic legal intervention can mean the difference between life-altering incarceration and manageable penalties.

The Legal Process: Step-by-Step

Know What to Expect

Facing a third DUI charge means navigating complex legal terrain. Here’s what your journey typically looks like:

• Arrest and Processing: You’ll be detained, tested, and booked into the system. It’s crucial not to speak to police without an attorney.
• Arraignment: You will be formally charged and must enter a plea. We help you prepare and choose the best strategy here.
• Pre-Trial Motions: We file motions to dismiss or suppress evidence and negotiate with prosecutors.
• Trial: If necessary, we take your case to trial. Every shred of evidence will be challenged. Every procedure reviewed.
• Sentencing: If convicted, we fight for reduced penalties, rehabilitation alternatives, and parole eligibility.

Omojola Law Is Here to Help

A Strong Defense Can Change Everything

We’ve helped countless clients fight and reduce third-offense DUI charges. We don’t just understand the law—we understand how to navigate it, challenge it, and make it work in your favor.

Here’s how we help:

• Gather attorney testimony and forensic evidence
• Negotiate rehab in place of incarceration
• Dispute prior convictions if improperly entered
• Coordinate mental health and substance use evaluations

Contact Omojola Law Today

Don’t Let a Third DUI Conviction Define Your Future

We understand the fear, confusion, and stress that come with a third DUI charge. Let us help. The sooner you call, the more we can do. With our experienced legal team at your side, you’ll have the support, resources, and knowledge to face this challenge—and come out stronger.
Learn more about the penalties by visiting the New Jersey DUI Penalty Guidelines and the NJ MVC DUI Suspension page.
📞 Contact Omojola Law now for a confidential consultation with an experienced DUI defense attorney. Your future is worth fighting for.