Things a Driver Should Consider Before Accepting a Plea Deal for DUI Charges
It is not uncommon that anyone charged with DUI or DWI offense will be approached by the state prosecutor in order to make a plea deal. This negotiation to a lessor violation is when offenders plead in a certain manner to specific offenses in return for concessions of some kind.
If a driver goes to court and loses, a judge still might sentence a person to DUI or DWI probation for 6 months to 1 year on an average for a first offense case. The judge still might also impose a large court fine that includes some time in jail.
However, with common DUI plea bargains, a driver will not have to take their chances on the court outcome of paying the worst penalties. Getting a plea bargain is one of the most common legal methods to eliminate the worst case scenario from happening in a DUI or DWI case.
When this happens in the legal field, it is also referred to as plea bargaining. Before making any DUI plea deal for a driving under the influence related offense charge, it is important to consult with an attorney first for advice that this is a good offer or not. You also should consider all of the following points before shaking hands with the local state prosecutor.
What are the Types of Plea Deals for a DUI or DWI Offense?
Many drivers ask us, “can you plea bargain in a DUI case?” The answer is yes, however getting the charge pled down does not just include pleading guilty to the crime in order to receive a lesser sentence.
This method of legal negotiating a misdemeanor can come in many different forms, and often give both parties the opportunity to negotiate an arrangement that works for everyone. Here are three common plea deal structures DUI offenders may encounter:
- Accepting a guilty plea to a lesser charge than the original one filed
- Dismissal of one or more charges against the offender in exchange for pleading guilty to another charge
- Agreeing to a penalty involving lower fines and/or a shorter driver’s license suspension in exchange for entering a plea of guilt
A Plea Deal is a Legal Compromise
It is important to remember that prosecutors are not bound by law to arrange plea deals – often, prosecutors are motivated by a desire or need to save expenses in court and to keep the calendar open for other, more serious cases. Because of this, it is vital to not go into a plea discussion with a “winner takes all” attitude.
It is crucial to compromise with the prosecutor, especially if the case against the offender is a strong one, and a DUI attorney can help guide the offender’s decision.
Other Ways How DUI & DWI Charges Can Get Dismissed or Reduced.
There are more additional ways in which a local attorney may be able to help a driver, after being able to review the DUI arrest information. This is because the prosecution may be basing the entire drunk or drugged driving case on certain pieces of evidence, such as Breathalyzer or blood test results. One a skilled lawyer can examine these details online with us, it could very well prove that the evidence against a driver was improperly collected and should be suppressed as evidence in court against a person.
A DUI/DWI lawyer could also be able to provide reasonable doubt that the signs of intoxication that the arresting officer observed, was not caused by being under the influence of alcohol, drugs, or prescription medication. This is because after carefully analyzing the arrest information of what exactly took place, there are many possible defenses to successfully fight and challenge the charges, which could very well lead to a full case dismissal. This is why it is so critically important that before you enter a guilty plea, have a DUI arrest professionally examined with us to see which is the best defense that applies to a driver’s own unique set of circumstances that took place. If there is any strategy or defense for ways how to get the charges against a person reduced or even dismissed, an expert attorney will be able to find it as soon as possible when fighting the case.
In certain DUI and DWI offense cases, one of the most helpful things an attorney can do for a client is to negotiate a plea deal to a lesser offense charge, which is also known as making a plea bargain. In most cases when plea-bargaining is an option, the prosecution attorney will agree to reduce DUI charges against a driver to a less serious offense, and in exchange for this deal, a person will then agree to plead guilty to the lesser offense. This can sometimes make the difference between a far more expensive and serious criminal offense, and lowering the charges to a much less serious and costly traffic offense.
However it is important to not that with drunk and drugged driving charges especially, the prosecution will not just simply agree to reduce any charges just because a defendant requests it, and they will need a good and valid cause to consider doing it. This is where after a local DUI or DWI lawyer can review a person’s arrest, they can then find any flaws in the prosecution’s case. This in turn will make the chances much better to be willing to consider a plea bargain, and the attorney can discuss on a driver’s behalf with the prosecutor to lower the charges against a person.
Is it Possible to Negotiate With the Prosecution Attorney Without a DUI Lawyer?
It is not recommended to lose valuable time when fighting a DUI/DWI charge, to try and negotiate a plea bargain alone without hiring a DUI lawyer who has the technical and legal skills needed which will help the most. A person will typically only have one opportunity at attempting to make a plea bargain to reduce the charges, and it is best not to waste this chance by making an uniformed and hasty decision. This is particularly true when a person has not hired a lawyer, the prosecution attorney will then have the advantage of realizing that the defendant is trying to negotiate from a point of great legal disadvantage. Without a skilled and local drunk driving attorney to carefully study the value of any potential plea deal offer, a person could end up taking a deal that is not the best which truly could have been available.
Once we can review a driver’s arrest scenario online, we will then be in the properly informed position to discuss with a driver the in-depth knowledge of new laws and defenses, and how they will apply to a person’s own case. A specialist attorney in this field can then be able to negotiate any possible plea deal with the necessary legal skill and expertise which is certainly required in the changing field of DUI & DWI law.
If choosing to make a plea bargain for a DUI case is truly in a driver’s best interest, the defense attorney will be able to get the best results that are possible for reducing the charges. When a person has a knowledgeable local defense lawyer fighting the charges, the odds are greatly increased in the chances of getting the best possible deal.
We have also compiled a guide to provide essential information about how to get the best plea bargain deal possible, preventing your license from a suspension at the DMV hearing, and avoiding the Ignition Interlock from getting installed in your vehicle. This free guide is prepared for easy downloading, so you can print and/or read at your leisure. Here’s where you can download the guide and know which defense to use that applies to your own specific type of DUI arrest situation.
Prosecutors Are Not the Only Ones Who Can Deal
When it comes to plea bargaining in any type of DUI or driving under the influence offense case, it is important to remember that offenders or their lawyers can approach the prosecutor at any time to begin plea bargaining negotiations – the prosecutor is not the only one who can bring this to the table. These conversations and negotiations can be informal, such as over the phone, or they can be mandated, such as holding a “pretrial” or “settlement” in the judge’s chambers. Again, make sure to follow the advice of the attorney for the best results in getting the best plea deal possible for a DUI or DWI case.
- Do You Go to Jail for a DUI, DWI? - March 19, 2019
- Watch: How to Get Out of and Beat DUI Checkpoints in Record Time - March 16, 2019
- How to Get Rid of and Clear a DUI Charge From Haunting Your Life in 2019 - March 15, 2019
- Review How 104 DWI Arrests and 71 Traffic Cases Got Immediately Dismissed - March 10, 2019
- DUI Plea Bargaining: What to Know Before Making a DUI Plea Deal - January 28, 2019
- How Long Will My License Be Suspended for a Second DUI? - January 24, 2019
- How Can I Beat a DUI/DWI Case without a Lawyer? - January 20, 2019
- How Long Do I Need To Have An Ignition Interlock Device Installed for a First DUI Offense? - January 19, 2019
- Can You be Charged With a DUI for Driving Under the Influence of Legal Prescription Medication? - January 19, 2019
- What’s Your Chances of Beating a DUI Case with No Breath Test? - January 18, 2019