If you have been charged with a DUI in New Jersey, then you have to be aware of mandatory minimum sentences. A mandatory minimum sentence means that a judge is required by law to impose certain penalties. The law sets a “floor” that the judge cannot go below when imposing DWI jail-time, fines, ignition interlock requirements, community service and Intoxicated Drivers Resource Center (IDRC) courses.
Recently, the United States Supreme Court in Alleyne v. United States addressed the burden of proof that the prosecution has for establishing that a mandatory minimum sentence must apply. In Alleyne, the legal issue involved mandatory minimum sentences for gun law violations. The Supreme Court stated that for the enhanced penalties to apply, the prosecution must prove all elements of a criminal charge beyond a reasonable doubt.
Although Alleyne addressed gun laws, the ruling applies to DUI cases as well. For first offenses, the penalties are increased if a breath test or blood test result was .10% BAC or higher. This fact must now be proved beyond a reasonable doubt. In addition, a DWI lawyer should argue that the State of New Jersey must prove prior DWI convictions beyond a reasonable doubt before a judge can increase the mandatory minimum penalties for a second or third offense. This burden of proof may be more difficult to meet when the DUI conviction was in another state.
The following is a list of mandatory minimum sentences for 1st, 2nd, and 3rd time DWI offenders:
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