Can My DUI Charges Be Reduced or Dismissed?

If you are facing DUI charges in New Jersey you may be able to have them reduced or dismissed depending on the specific circumstances of the situation. To learn more about your options and obtain skilled counsel, reach out to a Mercer County DUI lawyer today.

What is a DUI in New Jersey?

In New Jersey, you can be charged with a DUI if you are caught operating a motor vehicle while under the influence of drugs or alcohol. If your BAC (blood alcohol content) is 0.08% or higher, or if you are deemed to be impaired, you can face charges and a variety of penalties including up to 30 days in jail, a license suspension, $400 in fines, insurance surcharges, required use of an IID (ignition interlock device), mandatory education courses, and more.

Can My DUI Charges Be Reduced or Dismissed in NJ?

If you are facing a DUI in New Jersey, take comfort in knowing that there is potential for your charges to be reduced or dismissed. Any criminal case has the possibility of being dismissed depending on the evidence and details of the circumstances. During the pretrial phase and hearings, the judge will evaluate the charges against you as well as both your and the prosecution’s case. If they determine that there is insufficient evidence that you committed the crime, the officer did not follow proper procedures, the traffic stop was unlawful, the breathalyzer or field sobriety tests were administered improperly, or evidence was obtained illegally in any way, the case may be dismissed.

However, there is a chance that the prosecution does have evidence against you, there was probable cause for the stop, and all proper procedures were followed. In this case, your lawyer may be able to get your charges reduced by striking a plea bargain with the prosecutor. If this is your first offense and no damage or harm came from the incident, you may be able to make a deal to plead guilty in exchange for lesser charges and penalties.

What Can My Charges Be Reduced To?

If you are able to agree to a plea deal, you can generally get your charges reduced to either a reckless or careless driving charge. Reckless driving in New Jersey is defined as driving a motor vehicle with willful disregard for the safety of others and their property. This charge can result in the following penalties.

• Up to 60 days in jail
• Fines of up to $200
• 5 points on the driving record
• Insurance surcharges

Careless driving, on the other hand, is defined as operating a motor vehicle unsafely and without proper regard for the safety of others. If your charge is reduced to careless driving you can face the following penalties.

• Up to 15 days in jail
• Fines of up to $200
• 2 points on the driving record
• Insurance surcharges

Unless your charges are dismissed or you are found not guilty, there is no way to avoid all legal consequences. However, the above-listed penalties are far more manageable than those associated with a DUI conviction.

For more information on your legal rights and options during your DUI case, reach out to an attorney at the Law Office of Douglas Herring today.