More New Jersey DWI Cases Get Dismissed Today than a Decade Ago

courtIf you or someone you know was arrested for drunk driving, you need to reach out to a skilled New Jersey DWI defense attorney who can help. At our firm, we are dedicated to making sure each client’s case gets the personal attention it deserves. You can rest assured that our goal is to have your charges dropped or dismissed. We can examine your case and help determine an appropriate legal strategy for this.

In New Jersey, the offense of driving while intoxicated (DWI) consists of driving with a blood alcohol content (BAC) of 0.08 percent or higher. A DWI offense is not limited to alcohol. To the contrary, being under the influence of drugs can give rise to a DWI as well. New Jersey law prohibits persons from getting behind the wheel while under the influence of “any narcotic, hallucinogenic or habit-producing drug.” These include illegal drugs, over-the-counter medications, and prescription medications.

Statistically speaking, drivers have a higher chance of getting their DWI case dismissed compared to a decade ago. DWI conviction rates are generally high in New Jersey. In 2008, 85 percent of individuals were found guilty of their DWI charges and were required to accept license suspensions, hefty fines, and more. According to the state judiciary, that rate has decreased to 71 percent over the last 10 years. Additionally, the percentage of DWI charges that were dismissed has more than doubled to 24 percent in 2017.

Experts in New Jersey think there are a number of reasons for the increase in dismissals. For one, drivers are frequently pleading guilty to a different charge, such as reckless driving. The most probable theory, however, is that the number of people being charged with a DWI for drugs is on the rise, and these cases are much harder for the state to prove. One of the biggest challenges in these cases is that there is no clear-cut test like a breath test for alcohol to determine the presence of drugs in a person’s BAC. Another theory is that lawyers are more skilled at defending their clients against the Alcotest, leading to more dismissals.

It is important to note that in every DWI case, the burden of proof is on the state to prove each and every element of a DWI “beyond a reasonable doubt.” This is the highest standard of proof that must be met in any trial. It requires the state to convince the fact finder that no other logical explanation can be derived from the facts except that the defendant drove under the influence of alcohol or drugs. A defendant is innocent until proven guilty. As a result, we will challenge the state’s case in any way possible so that you have a stronger chance of success.

If you have been charged with a DWI, you could lose your driver’s license, go to prison, and jeopardize your future in a number of other ways. Whether it is your first, second, or third DWI offense, our skilled New Jersey drunk driving attorneys have the experience and resources it takes to protect your rights. To explore your options, call us today at 877-450-8301 or contact us through our website.

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