DUI Plea Bargaining

Though many don’t realize it, there are many possible defenses to a DUI/DWI charge. With the help of an experienced attorney, it may be possible to have your DUI charge reduced to a less serious offense, or it may even be dismissed. One way that this may happen is through a DUI plea bargain.

Contrary to what many believe, a DUI plea bargain is not determined by a judge or jury. In fact, it has nothing to do with either of them. It is a deal worked out between the prosecution and the defense, and (depending on your state’s laws), may occur anytime after your DUI arrest.

Typically a DUI plea bargain is made when the defense finds that the prosecution’s evidence is weak—so weak that it may not mean much to a jury if the case went to trial. Another reason that the prosecution may want to enter into a plea bargain is if you have an outstanding record (no prior DUI convictions and not one blemish on your criminal record). The prosecution does not want to risk losing at trial, so one option is to arrange a plea bargain with the defense. Your attorney may (or may not) feel that a plea bargain is in your best interest depending on the facts surrounding your case.

An example of a plea bargain may be that the prosecution approaches your defense attorney and begins discussing the possibility of reducing your charge. Two examples may be reckless driving or an open container violation. If you agree to plead guilty to the lesser charge, the prosecution will formally drop the charge of DUI.

In many instances, this is considered a big win for the defense because a DUI charge is a serious crime with severe penalties. And the prosecution will be satisfied with a guilty plea—after all, they do not want to go to trial and lose.

Again, it depends on the circumstances surrounding your case, but many times the defense will want to negotiate with the prosecution. So if you or someone you know has been arrested for DUI, please speak with a DUI defense attorney to see if a plea bargain may be possible.