Prior DWI/DUI Convictions can be used against you to enhance the punishment you face for a new DWI/DUI charge.

If you were previously convicted with a juvenile DWI/DUI charge, it is possible Mr. Gomez may convince the court that the juvenile DWI/DUI conviction should not be counted as a prior DWI/DUI conviction because there is not a clear cut law or rule that says it must be treated as a prior conviction. The main reason is that juvenile DWI/DUI is a separate statute on its own and has a much lesser threshold  of BAC (.01%) which the state could use to convict.

The majority of arguments that arise from a prior DWI/DUI conviction is whether the previous DWI/DUI occurred within 10 years before the current charge. The reason is that the NJ DWI/DUI statute has a 10 year step-down provision which allows the judge to not use the the older DWI/DUI to enhance your license suspension or jail time. Another major concern which can be raised as a defense against being treated as a repeat offender is to argue that you were not properly warned of the consequences of a subsequent DWI/DUI during the sentencing on your previous DWI/DUI. If you were not properly warned of those consequences either by the judge or your lawyer, the previous DWI/DUI cannot be used against you to enhance the sentence you now face on your new DWI/DUI charge.

A second DWI/DUI conviction exposes you to a minimum of 2 years of license suspension, 2 to 90 days in jail, an ignition interlock device and numerous fines and community service.

A third DWI/DUI conviction exposes you to a minimum of 10 years of license suspension, 6 months in jail, and ignition interlock device and numerous fines and community service. You may be allowed to serve 3 months in an in-patient drug/alcohol rehabilitation center approved by the MVC in order to reduce your 6 months of jail down to 3 months. But you must serve at least 3 months in jail for a third DWI/DUI conviction.

Note, if you are charged with DWI/DUI within a school zone, all the penalities you face are doubled, except that you cannot be jailed for more than 6 months on any DWI/DUI.