New Jersey DWI Attorney Blog
New Jersey Continues to Lag Behind Other States on Pretrial Diversion for DWI
New Jersey’s driving while intoxicated (DWI) statute provides numerous ways to penalize a person after a conviction. It does less to provide resources and treatment to someone who might be struggling with substance abuse issues. Some states have created pretrial intervention (PTI) programs for eligible DWI defendants to help them seek assistance for alcohol or drug addiction. If they complete the program, the court could reduce their penalties or even dismiss the charges. New Jersey has PTI programs for criminal cases involving drugs or alcohol, but these programs are not available in DWI cases. The closest thing to treatment in the DWI statute is the Intoxicated Driver Resource Center (IRDC), which is mandatory for all DWI convictions. The program is brief, however, even for repeat DWI offenders. New Jersey may eventually allow some sort of PTI in DWI cases. For now, though, the main options are to plead guilty or fight the charges.
DWI is a motor vehicle offense in New Jersey, not a criminal offense. This means that DWI cases do not always have the full range of procedural and constitutional protections found in criminal cases. For example, New Jersey DWI defendants are not entitled to a trial by jury. The flip side of this is that the penalties for DWI convictions are not as harsh as they might be if they were criminal charges.
New Jersey PTI programs like Recovery Court are only available in criminal cases. DWI defendants are not eligible, essentially by definition. The only criminal offense under New Jersey law that may arise from a DWI case involves certain scenarios in which a person drives with a suspended license, and the suspension is due to a DWI conviction. This offense is a fourth-degree crime that has a minimum sentence of 180 days in jail. A person convicted of this offense is still not eligible for Recovery Court, which excludes convictions with mandatory minimums.
A DWI defendant’s options in most cases are to fight the charges or plead guilty. New Jersey prosecutors are allowed to plea bargain DWI cases, but in many cases are reluctant to do do, or simply will not plea bargain for various reasons. This places the focus on punishment instead of recovery. A first DWI conviction includes a mandatory twelve-hour IRDC program. The DWI statute makes no mention of in-depth addiction treatment until a third or subsequent conviction. At that point, a defendant may serve ninety of the mandatory 180-day sentence in an inpatient alcoholism treatment facility.
More than thirty states have DWI courts that emphasize treatment and recovery. Participants must undergo rigorous treatment programs and submit to regular drug or alcohol testing. They may have to agree to waive their Fourth Amendment rights and allow police to search their homes without a warrant to look for contraband. Supporters of these programs often argue that they help people avoid repeat offenses by addressing what makes the offenses happen in the first place.
Even though New Jersey does not have a DWI court program, seeking help for drug or alcohol issues can still be helpful to one’s DWI case. Prosecutors and judges are often happy to see that a DWI defendant is consistently seeking treatment, such as by attending Alcoholics Anonymous or Narcotics Anonymous meetings.
DWI attorney Evan Levow advocates for defendants facing alleged charges in New Jersey municipal courts. He can advise you of your rights, help you understand your options, and prepare the best defense against the state’s allegations. To schedule a free and confidential consultation with a member of our team, please contact us today online or at (877) 593-1717.