New Jersey DWI Attorney Blog
What Happens if You Get a Fourth DWI in New Jersey?
Driving while intoxicated (DWI) can have significant consequences under New Jersey law. A conviction will result in the suspension of one’s driver’s license, followed by the mandatory use of an ignition interlock device. It also involves a fine that may range from $250 to $1,000, as well as the possibility of jail time. If you have prior DWI convictions on your record, you could face steeper penalties. Exactly when and how these enhanced penalties apply can be confusing. State law defines the penalties for a first DWI offense, a second offense, and a “third or subsequent” conviction. The “or subsequent” language means that the same penalties apply to a fourth, fifth, or sixth conviction as apply to a third conviction. One of the main differences between a fourth conviction and a third one is that judges are less likely to offer any leeway to someone with more DWI cases on their record. They are more likely to impose the maximum penalty allowed by law, which is why a skilled DWI lawyer is essential.
“Lookback Period” for New Jersey DWI Charges
Some states look at the total number of prior DWI convictions over a person’s lifetime when determining the penalty for a new conviction. New Jersey courts mainly look at the ten years before the current offense. For example, if a person is convicted for DWI that occurred on June 1, 2025, the court will look at how many DWI convictions they have in total, and whether any occurred after June 1, 2015:
– One prior DWI conviction from more than ten years ago: The court will treat the current case as a first offense.
– Two DWI convictions from over a decade ago: The court will consider the current case to be their second offense.
The statute does not specifically describe what happens if a person has three or more DWI convictions outside of the ten-year period. A court might view a fourth DWI as a third offense under those circumstances, but it would not make much difference for the penalties.
Enhanced Penalties for a Fourth DWI Conviction
The DWI statute provides enhanced penalties for a fourth DWI. Courts have discretion over some penalties, but not others.
Jail Time
A third or subsequent DWI conviction carries a mandatory sentence of 180 days in county jail. A court may reduce this by up to ninety days if a person participates in an approved inpatient program for drug or alcohol abuse.
Fines
The fine for a third or subsequent offense is $1,000, with no exceptions.
License Suspension
A third or subsequent DWI conviction requires suspension of one’s driver’s license for eight years. A person may be able to retain limited driving privileges if they have an ignition interlock device installed in their vehicle after their arrest, but before their conviction.
Ignition Interlock Device
After the license suspension period is over, state law requires the use of an ignition interlock device for an additional two to four years.
DWI is a serious traffic offense under New Jersey law. If you have prior DWI convictions on your record, the penalties for another case can be even more severe. You need an experienced and skilled DWI lawyer who can help you understand the legal process and advocate for your rights. Evan Levow has committed 100% of his law practice to representing DWI defendants. Please contact us right away at (877) 593-1717 or online to schedule a free and confidential consultation to see how we can help you with your DWI case.