Can a DWI Be Dismissed in NJ?

Charges for driving while intoxicated (DWI) can feel almost inescapable. Between the backlash from neighbors and friends and the harsh treatment from the authorities, you might be losing hope. What many defendants do not realize is that, under certain circumstances, a DWI may be dismissed. To determine if your DWI can be dismissed, talk to our lawyers.

Getting a DWI dismissed is not easy, but it is possible. A DWI charge, like any criminal charge, is not permanent until the defendant is found guilty or pleads guilty. If there is not enough evidence to support the DWI, evidence was seized in violation of your rights, or you arrange for a plea agreement, the DWI might be dismissed. Exactly how your DWI may be dismissed depends on various unique factors surrounding your case. For example, your blood alcohol concentration (BAC), prior DWIs, and the existence of any injuries may help determine whether your DWI is dismissed. If it cannot be dismissed, our legal team will help you determine the best way to mount a defense.

Get a free, private evaluation of your case by calling the Lombardo Law Group at (609) 418-4537 and talking to our Atlantic City, NJ DWI attorneys.

How to Get a DWI Dismissed in NJ

Judges are unlikely to show much leniency when it comes to DWIs. The best way to fight the charges is to examine the evidence with our NJ DWI lawyers and find flaws in the prosecutor’s case against you. For example, maybe they do not have enough evidence to meet their burden of proof. Maybe certain evidence was seized in violation of your rights. Your attorney can help you determine the most effective defense strategies.

Lack of Evidence

Just because you have been arrested and charged with a DWI does not mean you will be convicted. The authorities must have enough evidence to prove that you were driving while intoxicated. In many cases, the evidence is simply insufficient. For example, maybe the officer who arrested you claimed to detect a smell of alcohol from your car, and your BAC measured .08%. However, if the BAC measurements are unreliable – perhaps because the testing device was not properly calibrated – the case might be shaky at best. If the evidence cannot possibly meet the burden of proof, we might be able to motion for a dismissal.

Legal Violations

In other cases, evidence is obtained in violation of the defendant’s rights. Such evidence is considered tainted and may be excluded from the trial, meaning it may not be considered by the trier of fact (i.e., the judge or jury). A common example of illegally seized evidence involves chemical testing. While drivers are required by law to submit to chemical testing after arrest, the police may not physically force them if they refuse. If you refused testing but were physically forced or coerced into testing, we might be able to exclude your BAC measurements. Without a BAC to prove intoxicated, the case against you might fall apart.

Plea Agreements

Sometimes, evidence is too strong to refute, and having your case dismissed or dropped might not be possible. Instead, we might pivot our focus to a plea agreement. Until recently, plea agreements were not permitted in cases involving DWIs in New Jersey. However, as of 2024, plea agreements are permissible. If other charges are involved in your case, we might work out a deal with prosecutors where they drop the DWI, and you plead guilty to other charges. We might instead agree to plead guilty if the prosecutor agrees to argue for a more lenient penalty in court.

Factors That Might Influence Whether a DWI is Dismissed in NJ

First, we should consider your BAC. The higher a person’s BAC, the more serious the penalties might be for a DWI. If you have an especially high BAC, the prosecutor might be less willing to work out a plea agreement or allow the case to be dismissed. However, if your BAC was much lower and perhaps you were only mildly intoxicated, a prosecutor might be more willing to work out an agreement.

We must also consider the defendant’s history of DWIs. If this is your very first, and hopefully last, DWI, you stand a better chance of working out a plea deal or having it dismissed. First-time offenders overall are more likely to be shown leniency. If this is your second, third, or subsequent DWI, the odds of getting anything dismissed go down.

The existence of injuries may also influence whether your DWI may be dismissed. On the one hand, the presence of injuries might make courts less willing to dismiss a case. These are often considered more serious cases, and courts like to see them through to the end. However, if the injuries and accidents from the DWI lead to other criminal charges, prosecutors might agree to drop the DWI in exchange for a guilty plea for other criminal charges. Whether this is a good idea is up to you.

What Happens if My DWI Cannot Be Dismissed in NJ?

Not every DWI case can be dismissed. Sometimes, the evidence is simply too strong for a judge to deny, or the factors surrounding the case might be too severe. While this can be disheartening for a defendant to hear, it is not the end of the line. You might still have opportunities to defend yourself that do not involve a total dismissal of the charges.

You can fight the DWI in court with a lawyer. Is the evidence against you weak? Are there holes in the prosecutor’s case that they cannot explain? Are there any details about the DWI that the police have gotten wrong or mixed up? We can present evidence that refutes the prosecutor’s claims and hopefully avoid conviction or at least minimize penalties.

You can also work to exclude tainted evidence. If the police obtained certain evidence illegally, the evidence should be kept out of court and not used against you. For example, maybe the police seized an open bottle of alcohol from your car. Vehicle searches are very tricky in a legal sense, and the search conducted by the police during your traffic stop might not have been lawful. Talk about it with your lawyer to make sure.

You might be found guilty of the DWI, but you and your lawyer can work to persuade the judge to impose a more lenient penalty within the sentencing guidelines set by law. Remember, many penalties may range from a minimum to a maximum. Your attorney can work to persuade the judge to impose penalties closer to the minimum end.