The penalties for a third offense of Driving While Intoxicated under New Jersey?s DWI Statute, N.J.S.A. 39:4-50, are substantial and include 180 days of jail. While 90 days of the term of incarceration may be served in an inpatient rehabilitation facility with the approval of the sentencing Court, 90 days must be served in prison and most County Sheriff?s Offices have a blanket prohibition against house arrest, weekends, or anything other than flat time of incarceration in a County Jail.