Can my first DUI / DWI offense be plea bargained?
NO! The NJ Supreme Court has precluded plea bargaining for drunk driving offenses. If your case goes to trial, the prosecution must prove every element of the charged offense beyond a reasonable doubt. However, if the police lacked probable cause to arrest you for drunk driving or if the breath test was improperly administered or if the machine itself was malfunctioning, you may be able to have the charges reduced or dismissed.
