Moschella Law
Back to all FAQsDWI/DUI & Breathalyzer Refusal

What Is New Jersey’s 10-Year Step-Down Rule for DUI & Refusal Convictions?

Under state law, prior DUI or Refusal convictions may not count for sentencing purposes if at least 10 years have passed between offenses. This means:

  • A second offense could be treated as a first offense.
  • A third offense could be treated as a second.

This rule can significantly reduce penalties, including fines, license suspensions, and possible jail time.

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