Third Offender for DWI Must Serve 180 Jail Term – State v. Luthe

Today’s Appellate Division decision in State v. Luthe makes it clear that the Legislature intended that 3rd and subsequent offenders convicted of drunk driving must serve a 180 jail term, subject to any credits, not to exceed 90 days, allowed by the sentencing judge for time spent in an IDRC-approved residential in-patient facility. Work release is not permitted for such defendants.

Download a copy of State v. Luthe.

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