DUI Plea Bargains

When you imagine a typical criminal case, you might picture a trial with arguments, witnesses, and a jury. Yet, more than 90% of all criminal cases do not go to trial. Criminal cases usually end with a plea bargain, where a defendant agrees to plead guilty. In exchange, prosecutors usually reduce the severity of the criminal charge or sentence they pursue.

This includes driving under the influence (DUI) offenses. In a DUI case, a defendant might plead no contest in exchange for a reduced sentence or plead guilty to a lesser charge, such as reckless driving or a “wet reckless.”

In this article, we’ll explain how DUI plea bargains work, including the reasons for accepting a plea bargain and the advantages of pleading guilty to a lesser charge rather than going to trial. We will also discuss the most common plea deals in a DUI case.

If you’ve recently been arrested for DUI or DWI, you should contact a local criminal defense attorney sooner rather than later. They can review your case and talk to the prosecutor about a plea bargain. They’ll know your state’s DUI laws inside and out and be in a better position to negotiate with the state than you would be on your own.

What Is a Plea Bargain?

The plea-bargaining process is relatively simple. A plea bargain in a criminal case is very similar to an out-of-court settlement in a car accident case, for example. Both of these resolutions can be mutually beneficial for you and the other party — in a DUI case, the state. Of course, there is much more at stake than money for the defendant in a criminal case.

Depending on the specific drunk driving charge you’re facing, the penalties can be pretty severe. The judge will likely impose fines, a suspension of your driver’s license, community service, and a possible prison sentence.

Most defendants will do whatever they can to avoid a DUI conviction. Not only can a conviction of driving under the influence result in fines and possible jail time, but it can also impact your personal and professional lives immensely.

By entering a plea agreement for a reduced charge, you can put the matter behind you and move forward with your life. Plea bargains typically require a defendant to waive certain rights, including the right to a jury trial. You will also receive a lighter penalty than you would if a jury convicts you of DUI. That isn’t always possible if your case goes to trial.

What Are the Common Types of Plea Deals in a DUI Case?

Some of the more common plea deals available to a defendant facing a DUI charge include:

• “Wet” reckless: Reckless driving with alcohol as a factor
• Reckless driving: Traditional reckless driving charge without a reference to alcohol
• Negligent driving: This is available when the defendant’s conduct does not rise to the level of being reckless
• Other traffic infractions: The state may agree to a guilty plea for a less serious traffic infraction, such as speeding or distracted driving

When your DUI defense lawyer negotiates your plea deal, they will try to get the lowest charge possible. The specifics will depend on where you live. For example, “wet reckless” charges are common in California, but are not recognized in Texas.

You have the right to consult with an attorney before accepting any plea agreement. A DUI defense attorney can explain the pros and cons of whatever option the prosecution offers. The judge in your case will also have to approve the plea bargain.

Advantages of Accepting a Plea Bargain in a DUI Case

Many defendants accept a plea deal because it offers the best possible outcome for their case. Your DUI defense lawyer will explain the details of the plea agreement so you can make an informed decision. If, after talking to your attorney, you think you’ll have a better chance with a jury trial, that is what will happen.

A defendant might want to consider accepting a plea bargain if they:

• Have prior DUI convictions, convictions for other crimes, or other traffic infractions on their record
• Don’t want a DUI conviction on their criminal record
• Want to avoid a driver’s license suspension
• Don’t want to ruin their driving record
• Want to pay lower fines
• Don’t want to install an ignition interlock device on their vehicle

Your attorney will never force you to plead guilty to a lesser offense. In the end, the decision to go to trial is yours. However, accepting the deal may be your best option if the state’s evidence is strong, such as a blood alcohol content BAC well over the legal limit.

Is There a Time Limit to Accept a Plea Bargain?

There is no formal time limit on accepting a plea deal like there is with a statute of limitations. It’s not unusual for cases to settle on the courthouse steps on the morning of trial. However, that doesn’t mean the prosecutor will keep the deal open indefinitely.

Usually, when the prosecutor’s office extends a plea offer to your DUI lawyer, they do so with stipulations. They may say that they need an answer within 72 hours. They may even say they need an answer in two hours. It all depends on the facts of the case and the strength of the prosecution’s case.

The good thing is that your defense lawyer will make sure they respond to the prosecutor in time. They would never let you miss out on a favorable plea bargain if it’s in your best interest.

Seek Legal Advice About a Possible DUI Plea Bargain

If you are facing charges for a DUI offense, you should contact a law office in your town that handles DUI cases. This is true even if the charges involve a first-time DUI. The DUI laws in the United States are strict, and the penalties for these crimes are severe.

By speaking to an experienced DUI attorney, you may be able to avoid a DUI conviction and receive a reduced sentence. DUI attorneys are experienced in negotiating with prosecutors. And if a plea deal isn’t possible, your attorney will devise a strong defense strategy to present at trial.