What Are My Chances of Beating a First Offense DWI Case?

Even for a first offense, DWI cases in New Jersey are serious ones. Adding to the fact that DWI cases do not constitute crimes, which is good news, on the one hand, people who drink or are under the influence and drive are not eligible to use Pretrial Intervention (PTI) to avoid getting a DWI sentence.

Even so, the data from 2018 shows a positive direction to increase your chance of beating a first-time DWI case. According to the data, 71% of drunk driving charges result in a conviction. However, this figure is significantly lower than it was ten years ago when it was 85% around 2008. In a similar vein, the number of DUI charges dismissed more than doubled during the same 10-year period, reaching 24% in 2018.

Beating a first offense DWI case in NJ is difficult. However, an experienced DWI case lawyer can negate your jail time and driver’s license suspension or altogether drop the case.

DWI First Offense in NJ

The degree of penalties and punishments for DWI first offenders in NJ depends on the results of the state’s Blood Alcohol Content level as analyzed by the Breathalyzer. The standard prescribed BAC level in your blood in NJ is 0.08%. So, to be arrested for DWI, you must have at least 0.08% but less than 0.10%.

As a basis for charges, it can be as simple as the one already set or can be as severe if your BAC is 0.10% or above. Charges may include loss of driving privileges, jail time of up to 30 days, penalties of $250 to $1,000, and a mandatory alcohol assessment.

Methods of Beating a DWI First Offense in NJ

The following are the conclusions by the experts for the possible reason for the change in data regarding the increase in beating DWI cases in NJ:

  • Rise in cases of drug influence, which is harder to prove than driving under the influence of alcohol.
  • Alternative dispositions

Here are some methods you and your trusted DWI lawyer in NJ can look into:

Lack of Reasonable Suspicion or Probable Cause

Lack of probable cause is based solely on the observation of the police officer for pulling over a vehicle on suspicion. However, if the officer cannot adequately demonstrate that they were acting per the law, this could be your ticket to drop the DWI case.

Lack of a Speedy Trial

All DUI or DWI cases in New Jersey must be settled within 60 days. If the prosecutor delays the case, it could lead to possible dismissal.

Challenging Breath Test Results

According to a recent New York Times report, breath testing equipment used in New Jersey and other states is prone to giving incorrect findings. With that, an attorney must be able to show this in the correct conditions.

Challenging Field Sobriety Tests

The major issue with field sobriety tests is that they are utilized to affirm, rather than disprove, what an officer has already concluded is true. This has to be carefully looked into by your lawyer.

Challenging Drug Recognition Expert Evidence

Drug recognition experts’ (DREs’) scientific reliability is debatable. The New Jersey Supreme Court is currently debating the admissibility of DRE testimony against drivers in court. Even if the science of DREs is found to be admissible, a good lawyer may be able to disprove such evidence.

These methods are only some of the things your DWI lawyer can help you with. Make sure you have the right one to present your case.

How Can a DWI Lawyer in NJ Help You?

Navigating your first offense DWI case alone is not advised if your main goal is to beat it or reduce the charges. Furthermore, the chances of beating a first offense DWI case are opportunities to present your side. To get you fair justice in court, an experienced DWI lawyer in NJ can help you.

Get a trusted lawyer now and start working on a plan to beat your first offense.

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