When The Prosecutor Offers A Plea Deal

After your attorney submits the notice of appearance and evidence request, receives all necessary and relevant evidence, and has an opportunity to discuss potential defences with the prosecutors, the prosecutor may offer a plea deal.

It is the role of the prosecutor to represent the state. Therefore, the prosecutor decides whether the plea deal is reasonable based on their discretion about the charges and underlying facts and circumstances surrounding the case. As a first-time DWI offender, you would typically be looking at fines ranging from $600 to $800, a period of licence suspension, a period of having an interlock device installed in your vehicle, as well as completing 12 to 48 hours of an intoxicated driver resource centre program

The Penalties For DWI Cases In New Jersey

All the penalties for first, second, and subsequent convictions that New Jersey imposes for DWIs can be found in my FAQ on www.jsdlegalnj.com. A less detailed summary of the penalties is as follows:

First Offence: If the blood alcohol content (BAC) reading for the person who was operating the vehicle was between 0.08 and 0.10%, there is a fine imposed between $250 and $400, detainment of 12 to 48 hours over two consecutive days, and the possibility of a term of imprisonment of not more than 30 days.

If the driver of the vehicle’s BAC reading was between 0.10 and 0.15%, or if the driver was under the influence of drugs, the court will order the driver to stop driving until an ignition interlock device is installed in the vehicle. Under this circumstance, the fine also increases to $500. The period of detainment remains at not less than 12 hours or more than 48 hours over two consecutive days, with the same possibility of a term of imprisonment of not more than 30 days.

If the driver is convicted of driving under the influence of drugs, the convicted person will forfeit the right to drive a vehicle for at least seven months up to a maximum of twelve months. If the driver of the vehicle’s BAC is 0.15% or higher, the driver will forfeit the right to drive a vehicle.

for not less than four months or longer than six months AFTER installing an ignition interlock device. The driver will also pay fines and surcharges that total at least $6,500, which includes court fines, surcharges to the state, and your insurance company increases. Such charges are subject to increases.

Note: the ignition interlock adds more than $1,000 to your costs.

Second Offence: A driver charged with a second DWI offense will be subject to a fine of not less than $500 and not more than $1,000, will be ordered to perform community service for 30 days, and be sentenced to imprisonment for a term of not less than 48 consecutive hours and not more than 90 days.

Upon conviction, the driver will forfeit the privilege to operate a vehicle for not less than one year and not more than two years. After the expiration of the driver’s licence forfeiture, the driver will have to apply to the Motor Vehicle Commission for a licence to operate a motor vehicle, which may or may not be granted. Second offences also require installing an ignition interlock device.

Third or Subsequent Offences: The driver of the vehicle will be subject to a fine of $1,000, and sentenced to imprisonment for a term of not less than 180 days in a county jail or workhouse. If the driver participates in a drug or alcohol inpatient rehabilitation program, the 180-day jail term can be reduced. In any case, the driver will forfeit the right to operate a motor vehicle for eight years.

If DUI/DWI happens in a school zone, the penalties double.