The authorities are less than sympathetic to DUI defendants, and plea bargains for these cases were prohibited in the past. However, the laws have changed, and prosecutors may now offer plea deals to DUI defendants. While plea bargains are not guaranteed, they may help drivers avoid the harshest penalties without the need for a trial.
A plea bargain might allow you to plead guilty to reduced charges and more lenient penalties, but certain cases might come with special requirements. If a DUI is related to drugs or commercial vehicles, the defendant must serve a 6-month license suspension, no matter what the other terms of the plea bargain might be. Again, prosecutors do not have to offer plea bargains, but they are more likely to if your alleged DUI incident is less severe and your first offense.
Get a free car evaluation from our Atlantic City, NJ DUI defense lawyers by calling the Lombardo Law Group at (856) 281-9600.
Can I Get a Plea Bargain for a DUI or DWI?
In the past, plea bargains were not permitted for drunk driving cases. Additionally, New Jersey does not have diversion programs for DUI cases. As a result, drivers facing DUIs or DWIs had two options. They could fight their charges in court or accept responsibility and face the penalties.
In 2024, the laws changed, and New Jersey now allows drivers charged with DUIs or DWIs to work out plea agreements with prosecutors. While plea bargains are never guaranteed, many drivers may now avoid a frustrating and expensive trial while also avoiding potentially harsh penalties for a DUI.
Every plea bargain is unique, and the deal you work out with prosecutors will likely be based on the facts of the DUI incident, your driving history, and your blood alcohol concentration (BAC). In cases of severe charges (e.g., extreme intoxication, accidents, injuries), prosecutors might be less willing to offer a plea bargain.
Special Requirements for Plea Bargains for Drug-Related DUIs in New Jersey
While plea bargains are available in DUI or DWI cases in New Jersey, there are specific requirements that prosecutors and defendants must adhere to when negotiating a deal.
According to N.J.S.A. § 39:4-50(a)(3), our New Jersey DUI defense lawyers can help drivers work out plea bargains, but drivers must agree to a license suspension of at least 6 months if they were under the influence of a narcotic, hallucinogenic, or habit-producing drug.
Special rules also apply to drivers charged with DUIs while operating commercial vehicles. While plea bargains are still available for these drivers, they must agree to a license suspension of at least 6 months as part of a plea bargain.
For some, plea bargains under these rules may still be advantageous, as the penalties for drug-related DUIs involve a lengthy license suspension of at least 7 months or up to 1 year for a first offense.
It is essential to note that a plea bargain for a driver with a Commercial Driver’s License (CDL) may not shield the driver from consequences at work. A plea bargain will not stop your boss from terminating your employment.
How Likely is a Plea Bargain in a New Jersey DUI Case?
Considering that DUIs are common and prosecutors often have large caseloads of DUI cases, a plea bargain may be more likely than you think.
Often, prosecutors rely on plea bargains to lighten their workload, allowing them to perform their jobs more effectively. Even so, not everyone is guaranteed a plea bargain, and you should talk to your lawyer about your specific circumstances.
If you are a first-time offender with a relatively low BAC and there are no aggravating factors like accidents or injuries in your case, you may be more likely to be offered a plea bargain. However, if your BAC was especially high, someone was injured, or this is not your first DUI charge, prosecutors might be more hesitant to offer a plea bargain.
What is a Good DUI Plea Bargain?
If you accept a plea bargain in a DUI case, you want to make sure it is a good deal. Exactly what this means will vary from person to person, but a good plea bargain should help you avoid the harshest penalties while also avoiding an unpleasant trial.
A good plea bargain should help you avoid license suspensions. If a license suspension is unavoidable, a good plea bargain should at least help reduce the suspension period. If your penalties include a 1-year suspension, a good plea bargain might reduce this period to a few months.
Similarly, a good plea bargain might also help you avoid expensive fines. In some cases, fines can exceed $1,000. You might accept a plea deal if it reduces the fines to only a few hundred dollars.
One of the biggest reasons that defendants accept plea bargains in DUI cases is to avoid jail time. Serious cases might involve several months in jail. A plea bargain may help you avoid jail time if you agree to comply with all other penalties, such as suspensions and substantial fines.
Do I Have to Accept a Plea Bargain for a DUI or DWI?
Plea bargains can be helpful to many New Jersey DUI defendants, but they are not required by law. You are free to reject the plea offer if you believe it is not satisfactory. You may also negotiate with prosecutors to try to work out a better plea bargain.
The flipside of this coin is that prosecutors do not have to offer plea bargains. You might be open to a plea deal, but if prosecutors believe the case is too serious to reduce through plea bargaining, they may refuse.
Be careful about accepting or rejecting plea bargains. Once you accept a plea, it is very difficult to appeal. If you reject a plea offer from the prosecutor, they might be unwilling to offer it again if you change your mind.
Contact Our New Jersey DUI and DWI Defense Lawyers for Legal Support
Get a free car evaluation from our Cherry Hill, NJ DUI defense lawyers by calling the Lombardo Law Group at (856) 281-9600.
