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Out of State Convictions

Barnegat NJ DWI Defense Lawyer

A conviction for DWI in New York, Pennsylvania or another state can complicate the defense of your charge in Barnegat New Jersey or another municipal court. The reason is because this violation may constitute a prior conviction that enhances the penalties you are facing. It can also impact you as a result of an administrative suspension imposed by the NJDMV. A thorough analysis of the out of state conviction by a knowledgeable defense lawyer can likely reveal whether it may be used by the prosecutor to treat you as a repeat offender. The attorneys in the Toms River Office of Law Offices of Jonathan F. Marshall definitely possess the qualifications you are seeking in this regard with over a century of collective experience. To speak to an attorney on our staff, including Matthew Dorry, who has served as municipal prosecutor in about 15 towns in Ocean County, call (732) 286-6500. Lawyers are available 24/7 and initial consultations are without charge.

Type of Offense

Period of Suspension


First Offense

3 Months (.08%-.099%)

7-12 Months (.10% or higher)

$1,000 for 3 Years

Second Offense

2 Years

Same as First Offense

Third or Subsequent

10 Years

$1,500 for 3 Years

Use of Out-Of-State Conviction as a Prior DWI Offense

As previously stated, a DWI committed in another state may be treated as a prior in applying the penalties of N.J.S.A. 39:4-50. There is no requirement that the state be a member of the Interstate Driver's Compact. All that is required is that the law of the other state be substantially similar to that of New Jersey. The determining factor in this respect is the legal limit of the state where the prior conviction was incurred. If the BAC limit was different from that of New Jersey at the time of the motorist was convicted, the prior offense does not count for enhancement purposes. For example, if the state had a .08% standard when New Jersey was still at .10%, the conviction would not count. Another example would be a state that has an "impaired" violation for a BAC of .05% or higher to which the out of state DWI was downgraded. An excellent argument could be made that the prior should not be counted since it was based on a legal limit of .05% as compared to New Jersey's .08% standard.

Administrative Suspension by the NJ Division of Motor Vehicles for a DWI in Another State

When someone is convicted of a DUI in another state, this result is typically communicated to the NJ DMV. A commensurate suspension is then imposed, along with the NJ DWI Surcharge, against the licensee. The length of the suspension imposed will be the period that would apply if the offense had been committed in New Jersey. A reoccurring issue with administrative DWI suspensions is which tier should be assigned for the first offender. The reason is because the NJ DMV is not provided with an indication of the BAC involved in the out of state DWI to know whether its licensee committed a first tier (i.e. 08% to .099%) or a second tier (i.e. .10% or higher). The result is that a seven month suspension is imposed by NJ with an indication that the motorist can appeal his/her suspension if they can obtain proof that the conviction was based on a BAC of less than .10%. This is why it is so pivotal for a NJ licensed driver to consult with a knowledgeable DWI lawyer in this state before the out of state conviction occurs. The plea can often be crafted so that the NJ DWI suspension is minimized (i.e. get the prosecutor to enter the conviction as based on .08% to .099%).

Berkeley NJ DUI Attorney

Whether your current DWI offense is in Berkeley Township or another municipality, attempting to eliminate the impact of a prior conviction is important. An attorney who is well versed in the law and accustomed to dealing with issues involving out of state DUI convictions is going to be able to arm you with the protection you need. The lawyers that make up our eight member defense team have this level of experience and skill. To obtain a free initial consultation with a lawyer at Law Offices of Jonathan F. Marshall, call (732) 286-6500.

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What Clients Say About Our Ocean County Criminal Defense Attorneys
Exemplary attorneys. I hired them for a DUI and an expungement. I was happy with the results for both cases. Special thank you to Samera for always answering all of my calls and questions JC
I'm 45 years old and this was my first time ever getting in trouble with the law. I was in need of a lawyer and after careful research, I called John F. Marshall Attorneys and was introduced to Abe Basch. Abe was professional, supportive and very thorough. I had three charges against me, one civil and two criminal. I was so scared and expressed that to Abe. The first day I had to go to court, I was an absolute nervous wreck but Abe prepped me and kept my anxiety levels down by going over the process of the courts thoroughly with me. He fought to get my charges dismissed and won all three cases (two court appearances). Abe is positive, confident and he ensured I felt the same way. I'd like to say thank you to Abe for working so diligently on my cases to get them dismissed. I feel like a weight has been lifted off my chest! I highly recommend Abe for any charges you may be faced with. Rose C.
I was out of state on a family emergency and I had to retain council asap as a boy friend was sitting in county jail with the new no bail point system and Mr marshal and staff made me feel Soo much better knowing that my detained loved one was in such great hands! He spoke to me as I was outta state kept in touch allowed me to work out payment due to the situation and just all out the difference in my bfs voice alone with all the medical problems and such he was going threw sounded better than he had since the first day he was there and was Soo happy that Mr marshal went that day retained to see him in the jail and have him ready for court which wasn't supposed to be till Friday but again Mr marshall and team got it so we can get him now on wendsday and all I have to say is if your looking for a real down to earth lawyer that will work with you and help in anyway possible and I can't for get the team at the office TONI and everyone else thank you again I'd give 100 stars if I could! Nicole J.
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