DWI offenses separated by more than ten
years are eligible for “step-down” provision. State v. Revie __ NJ __ (2014) A-31-13
The N.J.S.A. 39:4-50(a)(3) “step-down”
provision can benefit a DWI offender more than once, provided that the
defendant’s most recent and current DWI offenses are separated by more than ten
years. In this case, defendant should be
sentenced as a second DWI offender with respect to any term of incarceration
imposed, and as a third DWI offender with respect to the applicable
administrative penalties.
