How to Navigate the 10 Year Step Downs and Laurick Reliefs in New Jersey DWI’s

Throughout our twenty years of experience, we have represented many clients who have been charged with multiple DWI’s over a long period of time. Being convicted of one DWI is a serious offense that will bring about significant fines and possible jail time. However, your second, third, or even forth DWI will have progressively worse punishments, including larger fines and longer prison sentences. Yet, the fact pattern between each DWI offense, namely the amount of years between each of the offenses and whether or not counseling was received from an attorney will affect the degree of punishment one faces after being found guilty of an additional DWI.

If 10 or more years have passed between a first and second DWI, or a second and third DWI, the courts must grant leniency within their sentencing. This is what is called a 10 Year Step Down, and it affects the number of DWI offenses you have. For instance, if you were found guilty of a DWI in the year 2000, and again in the year 2010, following the Step Down rule you would be charged with a first offense DWI in 2010 despite being convicted of another one 10 years prior in 2000. Sentencing would of course be much lighter while charged with a first offense, rather than a second offense. Normally, only one step down is allowed to occur, however, issues with counseling can also allow for a second step down.

As shown in 2014 from State v. Revie (A-31-13) (072600), a second 10 Year Step Down can be granted if you were found guilty of a DWI that you were uncounseled on. This is called a Laurick Relief, and can again affect the number of DWI offenses you have. For a Laurick Relief to be granted, a defendant has to proceed without counsel, and the court, while accepting a plea deal, did not explain to the defendant that they are affirmatively waiving their right to counsel. A period of 10 years must still pass between DWI offenses before the defendant is eligible for the second Step Down brought by the Laurick Relief. For example, let’s say you were found guilty of DWI’s in the years 1980, 1990, 2000, and 2010. For the DWI you were found guilty of in 1980, you were  un-counseled, so in 1990 you were given a Laurick Relief, and charged with a first offense DWI. In 2000 you were charged and found guilty of a second offense DWI (despite being found guilty of three), but in 2010, you used the 10 year Step Down and were charged again with a second offense. Although you were found guilty of four DWI’s, which normally would result in a progressive increase in punishment, the two 10 Year Step Down’s (one of which was granted from the Laurick Relief) allowed you to stay in the second offense range, rather than continuing to third and fourth. However, it is important to know that unlike a 10 year Step Down, a Laurick Relief only affects prison sentencing, not fines or possible loss of license, which will continue into the offense range equal to the amount of DWI charges you have.     

At the Law Offices of Eric B. Morrell, with over twenty years of experience, we know how and when to argue for either the Step Down, Laurick Relief, or in some matters both, if you, or someone you know, are facing their first, second, third, or even fourth DWI, do not panic; instead call our offices at 732-249-9933, so we can discuss the best plan to help you with your issue.