Baltimore, MD asked in DUI / DWI for New Jersey

Q: I got my 1st DWI 1991- 2nd DWI 1996 - 3rd DWI - 2016, convicted 2018. The judge gave me a step down .

How does NJ DMV Consider my offense’s 2 or 3?

Does the state of New Jersey consider me a 2nd time offender or a 3rd time offender? As far as how many DWI’S I have had in a lifetime. What should be showing on my Drivers Abstract a 2nd DWI or 3rd DWI??

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2 Lawyer Answers
H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • DUI & DWI Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: Best to ask your lawyer who handled the case but generally a step down only relates to the sentence and not to the number of DWI s you had so probably it's your third but check with your lawyer.

Paul Ferrell Jr agrees with this answer

James A. Abate
James A. Abate
Answered
  • DUI & DWI Lawyer
  • Somerville, NJ
  • Licensed in New Jersey

A: You are considered a second offender for the 2018 conviction. However, if you get another within 10 years you are not getting the stepdown and would be a 4th and face 6 months mandatory jail. It would be a really good idea not to chance fate and take uber anytime you have a drink,

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