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What To Do if You’re Charged with a Second or Third DUI in New Jersey

February 10, 2022 | Posted In Drunk Driving |

If you have had a DUI in the past, you already know how much of an impact it can have on your life. However, you may be surprised to learn that if you are charged with another DUI, the consequences will not be the same as for your first DUI – they will be even more severe. Additional DUI charges result in extra legal problems, and it can be confusing and complicated to understand what is required of you. To make things even more complex, if any other legal issues are also in the mix, such as being charged with driving on a suspended license, even more unique, circumstance-specific penalties could be in your future.

If you have been charged with a second, third, or any other additional DUI, contact a New Jersey DUI lawyer at Helmer, Conley & Kasselman. More is at stake than ever before – so you are going to need top-notch counsel and guidance.

Learn About New Jersey’s DUI Step-Down Sentencing System

You may be able to find relief from the harsh penalties for multiple DUIs through New Jersey’s “step-down” sentencing provision that can be applied when a defendant has multiple DUI charges. The step-down provision is a law that allows a defendant with a history of DUIs to reduce the jail sentence they will have to serve if more than 10 years have passed between their most recent DUI and their second-most recent DUI. 

If more than 10 years have passed since your second-most recent DUI, you will likely automatically have step-down sentencing applied to your case. However, please note: step-down sentencing can result in eliminating jail time sentencing and it may or may not impact the DMV’s decision to require you to take courses or attend rehabilitation.

Can I Challenge My DUI Conviction?

Of course, you are probably thinking – “I wish I just never got a DUI!” Technically, it is possible to reverse a DUI conviction under very certain circumstances by seeking post-conviction relief. Post-conviction relief is a way to request that your conviction for DUI be reversed, and the conviction will no longer be part of your motor vehicle record.

However, not everyone can apply for post-conviction relief from a DUI conviction. The application for post-conviction relief may have time restrictions. There is also a high standard to be met in order to be granted post-conviction relief. Such relief is difficult to obtain.

Seek a New Jersey DUI Attorney for Your Complex DUI Case

With each additional DUI charge or conviction, more and more of your freedom and rights are at stake, and the law only becomes more complex and layered. There is too much at risk to face this on your own. To protect your future and freedom, team up with an experienced New Jersey DUI lawyer to face the court and judge in your DUI cases. We will defend your rights in and out of court, and help you understand how the law functions in your unique mix of charges and circumstances. Contact us now to get the process started.


Over 20 attorneys at HCK have extensive experience in defending DUI cases as they were former assistant prosecutors and/or police officers for a combined total of over 600 years of law enforcement experience. You can find out more about them on our site, and you can call Managing Partner Ron Helmer on his cell phone at 609 685-0665.

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Helmer, Conley & Kasselman, P.A.

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