Multiple DWI Offenses

Here are some important cases governing multiple DWI offenses and categorization of offenders in New Jersey:

State v. Burroughs, 349 N.J. Super 225(2002)

The court held that the defendant was subject to third offender treatment, although more than ten years elapsed between his first and second drunk driving offenses, where less than ten years elapsed between his second and third drunk driving offenses.

State v. DiSomma, 262 N.J. Super 375(1993)

The court held that a conviction for refusal to take a breathalyzer test could not serve as a basis for imposing second offender status when sentencing defendant for later conviction for driving while intoxicated.

State v, Tekel, 281 N.J. Super 502(1995)

The court held that defendant can be sentenced as a second offender after refusing to take a breathalyzer test when they have a previous DWI conviction.