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In the state of NJ is there probation for third dwi ? Sentenced to 180 days in jail getting out in 96 days early minimal release

Mays Landing, NJ |

will I be on probation when i get out of jail after serving 96 days? If I served the whole 180 days will there be probation when I get out?

Attorney Answers 5


  1. You do not get a reduction of the 180 day. You get to serve 90 days in inpatient therapy. You do not get probation but your license is suspended for 10 years. If you are caught driving during that suspension, you will go to jail for 15 months. You need to hire a lawyer and fight the charges.

    Law Offices of James A. Abate Jabatelaw.com (732) 412-2364


  2. Mr. Abate is 1000% correct. The days of probation, SLAPP, bracelet, etc. are gone forever for a third time DWI. You need to hire an attorney and explore a "Laurick" argument regarding the prior two DWI's. My advice will always be hire someone in the area of the municipal court where you have been charged. Expect to spend at least 90 in jail if you plead guilty or are found guilty. The other 90 inpatient.


  3. I agree with Mr. Abate as usual. The normal jail term is served in full unless there is a 90 day inpatient rehab reduction.. This is not a criminal charge so there is no probating. But the 10 year suspension is real and a violation of that is a crime with mandatory jail time. I just read that the new proposed DWI legislation may give you some relief from that suspension. But no one knows yet.


  4. If you are convicted of a third DWI within 10 years of the first, you are going to jail for 180 days. There is no probation or way out of it if you are convicted. At best, you can be transferred to an inpatient rehab for the last 90 days of your sentence.


  5. There is no way around the jail term but pending legislation substituting the existing rule of license suspension with installation of an ignition interlock device for the would be suspension period and the ability to obtain a conditional license may soften the blow of a 3rd DUI. If the time you have to appeal has not yet run, you may consider appealing the denial of any suppression motions you believe should have gone in your favor based on the weight of case law and evidence in your case.

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