Can subsequent DUI / DWI offenses be plea bargained?
NO! The NJ Supreme Court has precluded plea bargaining for ALL drunk driving offenses, regardless of whether it is your first, second or third offense. 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.
