Charges for driving while intoxicated )DWI) in New Jersey have historically been very difficult to deal with. Not only are they embarrassing charges that come with a whole host of legal penalties, but defendants have been barred from negotiating plea bargains with prosecutors. In 2024, this rule changed, and not DWI defendants may seek to reduce DWIs through plea bargaining.
As of 2024, defendants facing DWIs may work out plea deals with prosecutors to reduce their charges and penalties. While this is good news for defendants, there is still a lot to figure out when it comes to working out a plea bargain. Factors to consider may include your BAC, history of DWIs, and whether your case involves an accident and injuries. Remember, prosecutors might not offer plea agreements in every case, and you and your lawyer must be prepared to take matters to court. Whether accepting a plea offer is a good idea is up to you. Some choose to work out a deal to minimize penalties, while others choose to fight the charges in court.
Receive a private evaluation of your charges for free by calling (609) 418-4537 and talking to our Cherry Hill, NJ DWI lawyers at the Lombardo Law Group.
Plea Bargaining for DWI Cases in NJ
In the past, plea agreements or plea bargains were not allowed in DWI cases. Even if prosecutors were willing to reduce the charges or argue for more lenient penalties, courts did not permit defendants to arrange plea bargains. This often meant that defendants had to either beat the charges in court or face the full brunt of the penalties upon conviction.
As of 2024, plea bargaining is permitted in DWI cases. This means that a defendant facing DWI charges may work out arrangements with prosecutors to try and reduce the penalties of a DWI or even get the charges dropped. Pleading down a DWI might help you save money on steep fines and allow you to keep your license. In some cases, people lose their licenses for months or even years.
The fact that plea agreements are not available in DWI cases does not guarantee that you will be offered a plea agreement or that you will get a good deal. Plea agreements are offered at the discretion of prosecutors. If your case involves harsh details that make you look bad, the prosecutor might be unwilling to make a deal, and you will have to go to court with our NJ DWI lawyers.
Factors to Consider When Working Out a Plea Agreement for a DWI in NJ
A variety of factors unique to your case might influence a plea agreement. First, we should think about your BAC and your history of DWIs. The higher a defendant’s BAC is, the harsher the penalties may be for a DWI. Similarly, defendants with a history of DWIs may face increased charges and penalties. For example, someone facing their first ever DWI might not lose their license. However, you might lose your license for 8 years for a third offense. If your BAC at the time of your DWI was very high, or you have one or two DWIs on your record, the odds of getting a plea bargain are likely not very good.
We should also consider the existence of accidents and injuries. DWI cases involving accidents and injured drivers are far less likely to receive plea offers. If someone died as a result of the accident, you might be dealing with far more than just a DWI. However, in some cases, the existence of more severe charges might lead to a plea offer. The prosecutor, seeking a conviction on the more serious charges, might offer to drop the DWI in exchange for a guilty plea.
Is it a Good Idea to Accept a Plea Deal for a DWI in NJ?
Accepting a plea deal might seem like a great idea to some, but it might be the worst idea for others. Whether or not it is a good idea to accept a plea offer from prosecutors is a decision for you and your attorney. Some people prefer to accept a plea deal so they can avoid some of the more severe penalties and move on as quickly as possible. Others refuse to accept plea bargains because they believe the authorities are wrong. Remember, once you turn down a plea offer, prosecutors might not offer it again.
Still, some cannot accept plea deals if it means pleading guilty to any sort of DWI. Those with commercial driver’s licenses (CDLs) might lose their jobs if they plead guilty or are found guilty in court. Their only option might be to work with a lawyer to fight the DWI and hopefully get acquitted. Even a plea agreement might not help you save your job. Tell your lawyer if you have a CDL or plan on getting one for work.
What Happens if I Do Not Accept a Plea Bargain for a DWI in NJ
You do not necessarily have to accept a plea agreement simply because it is offered to you. Many people have a hard time accepting that a plea agreement means they must plead guilty. If a defendant truly feels as though they are not guilty, a plea bargain might not be the way to go. Still, prosecutors might not even offer a plea deal in some cases.
If, for whatever reason, you do not accept a plea offer, you and your lawyer must be prepared to take the matter to court and put up a defense. This might involve challenging unreliable evidence and highlighting certain mitigating factors about the case. Even if you cannot refute the evidence, you might make sure the court knows that you cooperated with law enforcement and are extremely remorseful about the whole thing. This might make a judge more inclined to impose somewhat less harsh penalties within the mandatory minimum guidelines.
Reach Out to Our NJ DWI Attorneys for Legal Help Now
Obtain a private review of your case for free by calling (609) 418-4537 and talking to our Cumberland County, NJ DWI attorneys at the Lombardo Law Group.
