The Supreme Court has precluded any plea bargaining regarding DWI or refusal charges. However, if you can show that there are good reasons to reduce your charges or dismiss your case, you may resolve your case without going to trial. (Please note that some counties or courthouses have local customs that vary from the plea scenarios described here.) It is vital that you consult with a qualified DWI defense attorney to discuss the practices and procedures in your area.
DWI with Negotiated Consequences. The first possible outcome in a DWI case is to plead guilty to the charge and then negotiate the consequences for such a plea. There are some cases where this is appropriate, although it is always wise to consult with a lawyer before entering such a plea. Every case is different, and there are some circumstances such as having additional charges like possession of drugs or leaving the scene of an accident, where admission of guilt to the DWI charge is in your best interest.
Traffic Infractions. In some cases, it is possible to have DWI charges reduced to simple traffic infractions such as speeding or unsafe lane change. Obviously, this is of significant benefit and may even allow the accused to go to traffic school to keep his or her record pristine. Be sure to thank the lawyer who negotiated this plea!
Whether either of these negotiated resolutions is possible in a given case requires the analysis of many factors including driving patterns, field sobriety test performance, chemical test results and more. Anyone who stands accused of DWI should immediately consult with a lawyer. |
If you were previously convicted of one or more DWIs and are now charged for a subsequent DWI, you may be facing enhanced penalties including loss of license, fines and incarceration. Even if your prior conviction(s) happened in another state, those "priors" may enhance your sentence in New Jersey. It is possible to avoid extra penalties resulting from your out-of-state prior convictions. An experienced DWI attorney will know how to address this issue.
Currently, if your prior conviction(s) happened more than 10 years before the date of your arrest, the additional penalties associated with multiple DWI convictions may not apply. In other words, if you were convicted in 1995 and you are now charged with DWI, the current DWI will be treated as a first offense for sentencing purposes. Likewise, if a third DWI offense occurs more than 10 years after the second offense, the third conviction will be treated as a second offense for sentencing purposes. Confusion occurs with older multiple convictions.
A fourth or greater conviction will always be treated as a third conviction for sentencing purposes regardless of dates of conviction. The penalties include loss of New Jersey driving privileges for 10 years, fines, surcharges and 180 days in county jail. (Ninety of these days must be served in jail. Serving time at an in-patient alcohol or drug rehabilitation facility will credit against the remaining jail time.)
As part of any DWI defense, prior convictions should be reviewed to see if they can be reopened, challenged and potentially overturned. If a conviction is overturned, a third offense may be treated as a second offense and a second offense may be treated as a first offense. This process is called post conviction relief. A skilled DWI attorney will be able to review your options. |
