New Jersey Second Offense DUI Lawyer

2nd Offense DUI Defense Attorney in Totowa, NJ, Advocating for Fair Legal Proceedings

A second DUI in New Jersey means the state isn't going to go easy on you. The penalties are steeper, the judges less sympathetic, and the stakes high. Our New Jersey second offense DUI lawyer knows how to fight back.

Prosecutors see a pattern when they see a second offense. They push harder for convictions and harsher sentences. We can challenge the evidence they're using against you.

You've been through this before, so you know what's at stake. Your job, your license, your freedom. But having a prior DUI doesn't mean you're out of options. It means you need an aggressive defense strategy.

Contact us today for a free consultation, and let's protect your future.

When You're Considered a Second-Time DUI Offender in New Jersey

You face second-offense DUI charges if you've been convicted of DUI before and now face new charges within ten years of that prior conviction.

New Jersey looks back a full decade when determining whether you're a repeat offender. That ten-year window starts from the date of your first conviction, not your first arrest.

If your first DUI was eight years ago and you get arrested today, you're looking at second-offense penalties. If your first conviction was eleven years ago, you'd be treated as a first-time offender again.

The law works the same way as your first offense when it comes to what counts as DUI.

• You're guilty if you operate a motor vehicle with a blood alcohol concentration of 0.08 percent or higher.
• Drug impairment falls under the same statute. Whether it's prescription medication, marijuana, or other controlled substances, driving while impaired puts you in violation of DUI laws.

The difference this time is how prosecutors and judges view your case. Prosecutors push harder for jail time. Judges have less patience for arguments about second chances.

Consequences of a Second DUI Conviction in New Jersey

Prison Time, Fines, and Community Service

The minimum jail sentence for a second DUI is 48 consecutive hours. The maximum is 90 days.

Unlike a first-offense where jail time is possible, second-offense DUI comes with mandatory imprisonment. Many people end up serving more than the minimum, depending on their BAC level, whether they cooperated with police, and whether any aggravating factors exist in their case.

The fine ranges from $500 to $1,000. On top of that, you must complete 30 days of community service. That's 30 separate days where you'll report to perform whatever service the court assigns.

• Cleaning parks
• Working at community centers
• Other mandated activities

Long-Term License Suspension for a Second DUI

Your license gets suspended for a minimum of one year and up to two years.

Two years without driving privileges devastates most people's lives. Grocery shopping, medical appointments, picking up your kids—all the everyday tasks that require a car suddenly become complicated problems.

Public transportation helps if you live in an area with good transit. Many parts of New Jersey don't have that luxury. You're left coordinating rides with family and friends, spending money on rideshares, or relocating closer to work or transit lines.

Ignition Interlock Requirements for a Second DUI

After your suspension period ends, you must install an ignition interlock device in any vehicle you operate. The interlock requirement lasts between two and four years after you get your license back.

That means even after serving your full suspension, you're looking at several more years of blowing into a device before your car will start. Random retests while driving. Monthly monitoring fees. Calibration appointments. The whole system is designed to ensure you stay sober behind the wheel.

You pay for all of it:

• Installation
• Monthly service fees
• Calibration
• Eventual removal

These costs run into thousands of dollars over the multi-year requirement period.

The device logs everything. Any failed test, any missed retest, any attempt to tamper with the system—all of it gets reported to the court and the Motor Vehicle Commission.

Violations can extend your interlock period or land you back in court facing additional charges.

Insurance, DMV Surcharges, and Financial Impact

Your insurance company will raise your rates to levels that feel punishing.

New Jersey requires an annual automobile insurance surcharge of $1,000 for three years. That's $3,000 total, paid on top of whatever astronomical premium increase your insurer imposes.

You'll pay a $100 surcharge to the Drunk Driving Enforcement Fund. The Motor Vehicle Commission charges $100 as a restoration fee. Another $100 goes to the Intoxicated Driving Program fee. Add a $50 Violent Crimes Compensation Fund fee and a $75 Safe and Secure Community Program fee.

The IDRC attendance requirement returns. This time you attend for 48 consecutive hours. That's two full days at the facility.

Additional Penalties for Accidents Involving Injury

Accidents change everything. If your DUI involved a crash that injured someone, you're looking at additional charges beyond standard DUI. Assault by auto becomes a possibility. These charges carry separate prison sentences measured in years, not days.

• ★★★★★

  “Great attorney to hire he took care of my expungement for a very reasonable price he was quick efficient very honest and easy to work with. He was referred to me by a family member anyone looking for a good lawyer that's honest and trustworthy I would recommend Camili & Capo.”

  Josephen “Thod” Moslieha
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  “Mr K. Camili great attorney and very professional. All cases was dismissed and great communication with him and his staff. I would recommend him 5 stars.”

  Makaela Diaz

How We Defend Clients Facing a Second DUI in New Jersey

Each second offense DUI case carries:

• Its own facts
• Its own weaknesses in the prosecution's case
• Its own opportunities for defense

We can't tell you exactly how we'll defend your case until we review the specific details of your arrest and the evidence against you.

But we can tell you this: prosecutors expect you to plead guilty. They expect you to accept the penalties and move on. They're used to people giving up because the charges seem overwhelming.

That expectation creates opportunities for attorneys who know what they're doing.

Here's how our New Jersey DUI attorneys can approach your second-offense DUI case.

Exposing Illegal Traffic Stops

Police officers need justification to pull you over.

They can't stop you based on a hunch or because they don't like how you look. They need reasonable suspicion of a traffic violation or reasonable suspicion of DUI.

Our New Jersey second offense DUI lawyer examines every detail of the initial stop.

What did the officer claim you did wrong? Does the dashboard camera footage support that claim? Did you actually commit a violation, or did the officer misinterpret something innocent?

Sometimes officers see what they expect to see. They're looking for drunk drivers, so they interpret normal driving behavior as suspicious. A wide turn becomes a failure to maintain a lane. Cautious driving becomes driving too slowly. Brief stops at traffic lights become hesitation and confusion.

If the officer lacked proper justification for the stop, everything that happened afterward—the field sobriety tests, the breathalyzer, all of it—can be suppressed as evidence. Without that evidence, the prosecution's case collapses.

Attacking Breathalyzer Calibration, Results, and Operator Errors

Breathalyzer devices require strict maintenance schedules and calibration procedures.

Our New Jersey second offense DUI lawyer requests and reviews the maintenance records for the specific device used in your case. When was it last calibrated? Were there any reported problems with it? Did it pass its most recent inspection?

Missing or incomplete records create reasonable doubt about the results.

The officer operating the device must follow proper procedures. They should observe you for a specific period before testing to ensure mouth alcohol doesn't contaminate the sample. They must conduct the test according to the established protocol. Any deviation from these requirements makes the results questionable.

Questioning Blood Testing Procedures and Chain of Custody

If police took a blood sample instead of or in addition to a breath test, that blood had to be drawn, stored, transported, and tested according to strict protocols. Any break in this chain creates doubt about the results.

We investigate who drew your blood. Were they qualified to do so? Did they follow proper procedures? Were the right vials used? How was the blood stored after collection?

We obtain all the documentation related to your blood test. We look for gaps in the chain of custody, improper storage, testing irregularities, or any other issues that cast doubt on the results.

Blood testing often seems more scientific and reliable than breathalyzers. Prosecutors present blood results as indisputable. But blood testing involves human beings at every step, and human beings make mistakes.

The approach our 2nd offense DUI defense attorney in Totowa, NJ, takes depends entirely on what happened during your arrest and what evidence the prosecution has. Schedule a consultation with us so we can review your case details and explain how we can challenge the charges you're facing.

Why Trust Camili & Capo, PA, for Your Second DUI Case

When Krenar Camili decided to become a lawyer, he knew he'd have to work twice as hard as everyone else.

Nobody handed him connections or insider knowledge. He had to learn the system by living in it, and that experience shaped his entire approach to criminal defense.

He understands what it's like to face a system that doesn't care about your circumstances.

When you're dealing with a second DUI, the system writes you off. You made a mistake once, and now you're making it again, so why should anyone give you a fair shake? We don’t believe in that mindset, and we never have.

Our other founder, Joseph Capo, brings that same intensity to every case. He appears regularly in federal, state, and local courts throughout New Jersey, fighting for people who need someone in their corner. Together, they bring more than 35 years of combined experience defending people against criminal charges.

But experience alone isn’t what sets us apart. What truly matters is where that experience came from.

Before founding Camili & Capo, Krenar spent over seven years as an Assistant Prosecutor, and he wasn’t just any prosecutor. He was one of the most successful in the county.

He tried controlled dangerous substance cases and other serious offenses. He presented hundreds of investigations to grand juries for indictment. He learned how prosecutors think, how they build cases, and what makes them nervous about their own evidence.

Before his prosecution work, Krenar served as a Judicial Law Clerk for the Honorable Raymond A. Reddin, J.S.C., in the Passaic County Superior Court. From the bench, he saw how judges evaluate arguments. Which ones persuade them, and which ones fall apart.

That background means we’re not guessing about prosecutor strategy. We know it. We lived it.We understand exactly what prosecutors consider strong evidence and what they quietly worry won’t stand up in court. We know when they’re confident, and we know when they’re bluffing.

For a second-offense DUI, that insight becomes crucial. Prosecutors take these cases seriously. They want jail time. They want maximum penalties. They expect you to fold.

We push back. We know which arguments matter and which ones don’t.

Talk to us about what happened. We can review the evidence, explain your options honestly, and show you how we can fight for the best possible outcome in your case.

Contact Our New Jersey Second Offense DUI Lawyer at Camili & Capo, PA, Today for a Free Consultation

A second DUI conviction brings devastating consequences that reach into every corner of your life.

Mandatory jail time means missing work and explaining your absence to your employer. A one to two-year license suspension cripples your ability to maintain employment, especially if driving is part of your job. Your reputation in your community hurts.

The sooner you get an attorney involved, the better your chances. Evidence needs to be preserved. Witnesses need to be interviewed while their memories are fresh. Defense strategies need time to develop properly.

Don't wait until it's too late to prepare an effective defense.

For help from a second offense DUI lawyer in New Jersey, contact the Camili & Capo, PA, firm online or call today.