Recent Case Requires Third DWI Offender to Serve Minimum 90 Consecutive Days in Jail, no Work Release

Recent Case requires 3rd DWI offender to serve minimum 90 Consecutive Days in jail, no work release. The NJ Appellate Division Court in State v. Kotsev Docket A-3256-05T5. held the DWI statute N.J.S.A. 39:4-50 mandates a minimum of ninety consecutive days incarceration for a third or subsequent conviction for driving while intoxicated (DWI). Sheriff's Labor Assistance Programs (SLAP) and weekend service are not substitute sentencing for third or subsequent offenders. The 2004 amendment to N.J.S.A. 39:4-50, commonly referred to as Michael's Law, similarly mandates 180 days incarceration but allows a reduction of one day for each day, not exceeding ninety days, in an inpatient rehabilitation program. A third or subsequent DWI conviction, under the current statute requires a defendant to serve a minimum of ninety consecutive days of incarceration.