Repeat DWI Lawyer Burlington County — What Are Your Defense Options?
A repeat DWI charge in Burlington County is a serious traffic offense under N.J.S.A. 39:4-50 with escalating penalties, including mandatory jail time and a 2-year license suspension. As a repeat DWI lawyer Burlington County, Law Offices Of SRIS, P.C. understands the local court procedures at the Burlington Vicinage.
New Jersey Law on Repeat DWI Offenses
A second or subsequent DWI (Driving While Intoxicated) in New Jersey is defined under N.J.S.A. 39:4-50. Unlike many states, DWI in NJ is a traffic offense, not a criminal charge, but the consequences for repeat offenses are severe. The law imposes mandatory minimum penalties that increase with each offense, including longer license suspensions, higher fines, and required jail time. The statute treats a refusal to submit to a breath test under N.J.S.A. 39:4-50.2 with similar severity as a high-BAC offense.
Last verified: April 2026 | Superior Court of NJ, Burlington Vicinage | New Jersey Legislature
Official Legal Resources
For the full text of the law, refer to the official New Jersey Statutes § 39:4-50. Court procedures and local rules for Burlington County are available on the New Jersey Courts website for the Burlington Vicinage.
Local Court Process for a Repeat DWI in Burlington County
All DWI cases in Burlington County are heard in the local Municipal Court, located at 49 Rancocas Road in Mount Holly. For a repeat offense, the prosecutor has very little discretion to offer a plea bargain to a lesser charge. The court’s focus is on compliance with mandatory penalties. A key defense strategy involves scrutinizing the State’s evidence, particularly the calibration records of the Alcotest 7110 machine used and whether the arresting officer adhered to the strict 20-minute observation period before administering the test.
- Receive your summons with a court date for the Burlington County Municipal Court.
- Consult with a repeat DWI lawyer Burlington County to review the police report and evidence.
- Your attorney may file pre-trial motions to challenge the stop, arrest, or breath test procedures.
- Attend a case management conference where your lawyer will discuss the case with the municipal prosecutor.
- Proceed to a bench trial before a municipal court judge if no resolution is reached.
- If convicted, your attorney can advise on appealing the decision to the Superior Court, Law Division.
Penalties for a Repeat DWI Offense in Burlington County
In Burlington County, a second DWI offense within 10 years carries a mandatory 2-year license suspension, 48 hours to 90 days of jail, and fines between $500 and $1,000.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| 2nd DWI Offense (within 10 years) | Traffic Offense | 48 hours – 90 days jail (mandatory) | $500 – $1,000 | 2-year suspension | 30 days community service; 1-3 years ignition interlock after suspension; $1,000/year MVC surcharge for 3 years. |
| 3rd DWI Offense | Traffic Offense | 180 days jail (mandatory) | $1,000 | 10-year suspension | Ignition interlock during suspension & 1-3 years after; $1,500/year MVC surcharge for 3 years. |
Results may vary. Prior results do not guarantee a similar outcome.
Our Experience with Burlington County DWI Cases
Law Offices Of SRIS, P.C. was founded in 1997. Our firm-wide experience spans over 120 combined years, with more than 4,739 documented case results and a favorable outcome rate exceeding 93%. Our approach is grounded in a detailed understanding of New Jersey’s unique DWI laws and the procedural nuances of Burlington County courts.
Case Results for DWI Defense
While specific local counts are proprietary, our firm has a documented record of favorable outcomes in DWI cases across New Jersey. Our defense strategies often focus on technical violations, such as failures in the Alcotest machine calibration protocol or the officer’s observation period, which can lead to evidence being suppressed or charges being dismissed.
Results may vary. Prior results do not guarantee a similar outcome.
Contact Our Burlington County DWI Defense Lawyers
Our New Jersey location serves clients throughout Burlington County, including Mount Holly, Mount Laurel, Moorestown, and Medford. We are familiar with the local courts and provide focused representation for those facing impaired driving charges.
Law Offices Of SRIS, P.C. — New Jersey
44 Apple St, 1st Floor
Tinton Falls, NJ 07724
Toll-Free: (888) 437-7747 | Local: (609)-983-0003
By appointment only.
24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Frequently Asked Questions: Repeat DWI in Burlington County
Is a second DWI a criminal offense in Burlington County, NJ?
No. Even a repeat DWI in Burlington County remains a traffic offense under N.J.S.A. 39:4-50, not a criminal charge. It is heard in Municipal Court, not Superior Court, and does not appear on a criminal record. However, the penalties are severe and include mandatory jail time.
What is the cost of a second DWI conviction in Burlington County?
It depends on several factors, but the total financial impact often exceeds $15,000. This includes fines ($500-$1,000), mandatory MVC surcharges ($1,000/year for 3 years), ignition interlock device costs, increased insurance premiums, and required fees for the Intoxicated Driver Resource Center (IDRC).
Can I avoid jail time for a second DWI in New Jersey?
No. New Jersey law mandates a minimum of 48 hours in jail for a second DWI conviction within 10 years. The sentence can range up to 90 days. A skilled driving while intoxicated defense lawyer Burlington County may argue for the minimum term or explore alternatives like inpatient rehabilitation in certain cases, but incarceration is required by statute.
How long will my license be suspended for a repeat DWI?
Two years. A second DWI offense in New Jersey carries a mandatory two-year driver’s license suspension. You may be eligible for a restricted ignition interlock device license after serving a specific portion of the suspension period.
What are common defenses against a repeat DWI charge?
Common defenses challenge the legality of the traffic stop, the administration and calibration of the Alcotest breath machine, and whether the officer followed the required 20-minute observation period. An impaired driving charge lawyer Burlington County can review the evidence for procedural errors that could weaken the prosecution’s case.
Related Legal Information
If you are facing a DWI charge, you may also want to learn about criminal defense in Burlington County or reckless driving charges. For an overview of our statewide practice, visit our New Jersey DUI/DWI lawyer hub page. We also assist clients in neighboring areas like Hunterdon County and Somerset County.
Last verified: April 2026. Information updated as of 2026-02-15. Laws change — contact Law Offices Of SRIS, P.C. at (888) 437-7747 for current guidance.
Attorney responsible for this advertisement: Mr. Sris, Law Offices Of SRIS, P.C., 44 Apple St 1st Floor, Tinton Falls, NJ 07724.