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More DWI Charges Are Being Dismissed In New Jersey

If you think there is no way to fight a drunk driving charge, it is time to think again.

While New Jersey has had a strong DWI conviction rate in the past, that rate is going down. A decade ago, about 85 percent of the drivers arrested for drunk driving ended up being convicted. That rate fell to 71 percent last year. Meanwhile, the rate of DWI dismissals has risen to 24 percent. In other words, an arrest does not by any means guarantee a conviction for DWI in New Jersey.

Why Are More Drunk Driving Charges Dismissed Now?

According to an article from NJ.com, the exact reason for the increase in DWI dismissals is not yet clear. Some believe that it may be due to an increase in people being arrested for drug-related DWI. Proving that someone was driving under the influence of drugs is not as simple as proving that someone was driving under the influence of alcohol. However, others believe that the increase in dismissals is the result of it being easier for defendants to challenge blood and breath test results and have them thrown out.

In many cases, people accused of DWI are not walking away completely free of repercussions. Often, they are pleading guilty to a lesser charge, such as reckless driving. Still, this may be favorable to a DWI conviction, as the penalties are typically lower.

Ultimately, what people need to know is that any criminal charges can be fought, including drunk driving charges. There are almost always options.

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Lanza & Lanza LLP
5 Main Street
Flemington, NJ 08822

Phone: 908-905-0183
Fax: 908-782-4012
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