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In New Jersey, DUI (Driving Under the Influence) charges are treated seriously and the associated penalties reflect that fact. Many individuals facing DUI charges wonder if they can be reduced to a lower offense. In years past the answer would have been a firm no in New Jersey. However, recent changes in laws have impacted the way DUI cases are handled, particularly in reference to plea bargains and charge reductions. Speak with a Mercer County DUI lawyer to obtain skilled representation during the legal process.
What Are the Penalties for a DUI in NJ?
For a first-offense DUI in New Jersey, you will face the following penalties.
- License suspension for 3 months
- Up to 30 days in jail
- Up to $400 worth of fines
- A $1,000 annual auto insurance surcharge for 3 years
- Required use of an ignition interlock device
- Mandatory classes at an Intoxicated Driver Resource Center
Depending on aggravating factors your penalties could be even more severe, and a second or subsequent offense will surely result in harsher consequences.
Can My DUI Charges Be Reduced to a Lesser Offense?
Historically, NJ did not allow plea bargaining in DUI cases, meaning that defendants had limited options and would generally be forced to face the full extent of their charges. However, in early 2024, the New Jersey state government passed a new law that allows prosecutors to offer a plea bargain during a DUI case. This means that defendants may be able to negotiate their charges down to a lesser offense under certain circumstances.
The prosecutor could offer a plea bargain or your lawyer could fight for reduced charges. These options are easier to obtain when it is a first-time offense, but aggravating or mitigating factors can influence whether or not you will be forced to face a DUI charge or be allowed a lesser sentence. In New Jersey, individuals facing DUI charges can generally have the offense reduced to a reckless driving or careless driving charge.
Reckless driving: Reckless driving charges are identified by operating a vehicle with a willful disregard for other people’s safety or property.
Careless driving: Careless driving in New Jersey involves operating a vehicle without proper regard for the safety of others.
What Are the Penalties for Reckless or Careless Driving?
Reckless driving charges can result in a jail sentence of up to 60 days, 5 points on your driving record, fines of up to $200, surcharges, and more. Careless driving can result in up to 15 days in jail in extreme cases, 2 points on your driving record, up to $200 in fines, and surcharges.
Although these consequences are no walk in the park, they are significantly less severe than a DUI conviction. Getting your charges reduced can be beneficial in your personal and professional life. Speak to a skilled lawyer for more information.
