In New Jersey, when a person is charged with the traffic offense of driving while intoxicated (DWI), the defendant often wonders whether it would be better to simply plead guilty rather than go to trial. While it may seem easier to get the situation over with by entering a plea of guilty, it holds no benefit for the defendant. New Jersey is a state that does not allow plea bargaining in a DWI case. When there is the opportunity to plead guilty as part of a plea bargaining deal, then it makes sense to do so to avoid the worst possible penalties and perhaps reduce the effect on a criminal record. With that out of the equation, there's no benefit for the defendant to make the prosecutor's and judge's job easier by pleading guilty and receiving the same penalties he or she is going to receive if there is to be a possible trial and conviction. It is possible that a charge of DWI can be reduced or dismissed if there is a problem with the evidence in some manner. Such a decision must be made by the prosecutor and approved by the judge as something other than a plea bargain with a legal reason for the reduction or dismissal of the charges.

Penalties for a DWI conviction can be significant. If the driver is arrested and charged with DWI, the blood alcohol content (BAC) will be measured through a breathalyzer test or by other means. If the BAC level of a person over 21 is 0.08% or above, it is a violation of the law. If the person is under 21, a BAC level detecting as little as 0.01% is illegal. The penalties for a DWI conviction differ depending on the level of alcohol in the blood. A higher alcohol content (0.10% or above) will lead to harsher penalties. For a first time offender who has a BAC of 0.08% or above, a conviction can result in as much as 30 days in jail. The individual's driver's license will automatically be suspended for three months. There will be a fine of $250 to $400. In addition, the driver will have to pay surcharges of $1,000 per year for three years. There are other fees involved, and participation in the Intoxicated Drivers Resource Center (IDRC) is also mandatory. Jail terms can be more significant and the judge can order that an interlock ignition device be installed on the driver's vehicle if the BAC is higher or if it is a second offense or greater. This device will require that the driver take a Breath test prior to the vehicle being able to start and will intermittently require the driver to take the test again while he or she is driving. Subsequent offenses and variables, such as the offense being committed in a school zone, can substantially raise the penalties.