DUI Plea Bargaining: What to Know Before Making a DUI Plea Deal

Here are some important things to consider before making a DUI plea deal:

• Plea deals: Plea deal bargains offered by the local prosecutor on the first day of court are usually the same or worse than later offers. It is typically best to plead not guilty and get a new court date a few weeks out.
• Reduction of charges: This is the most favorable method to plea bargain a DUI.
• Consultation with an attorney: A DUI lawyer can provide valuable insight and guidance on how best to proceed. They can help negotiate a plea bargain or present a strong defense in court.
• Lesser penalties: Having a lower offense on the criminal record can bring several benefits, including lesser penalties.
• Lighter fines: A capable attorney can reduce the penalties substantially, resulting in much lighter penalties and lower fines.

Other things to consider include:

• Waiver of the right to a trial and an appeal
• A criminal record and a priorable offense that will affect any subsequent charges

What are the Types of Plea Deals for a DUI, DWI Offense?

A plea bargain is a negotiated alternative to a jury trial in a DUI case. Plea bargains typically involve either a charge reduction or a sentence reduction

These are the main types of plea deals to expect for a DUI offense:

• Charge bargaining: The defendant agrees to plead guilty or no contest to a lesser charge than the one they were originally charged with. For example, a defendant facing a felony DUI charge can be offered a reduction to a less severe misdemeanor DUI, with lesser penalties or fines.
• Sentence reduction: The defendant pleads guilty or “no contest” to driving under the influence to receive a less severe sentence.
• Wet reckless offense: The charge is reduced to a “wet reckless” offense, which is a reckless driving offense involving alcohol.
• Probation, alcohol classes, community service, ignition interlock device: The prosecutor will offer a plea deal that includes some combination of these. 

Plea bargaining requires defendants to waive three rights protected by the Fifth and Sixth Amendments: the right to a jury trial, the right against self-incrimination, and the right to confront witnesses.

Why a Common “DUI Supervision” Can Sometimes Be a Bad Deal

Common DUI plea bargains usually involve a lesser form of a guilty plea, frequently known as “DUI Supervision” in most agreements.

While the worst of immediate DUI consequences may be avoided, the long-term repercussions can remain. This common plea will still be classified as a DUI conviction on a person’s permanent criminal record.

A scenario that often happens and sometimes many years later, is someone who agreed to this “Supervision” deal will learn this DUI plea is still found on a future employment background check.

The only suggested DUI plea bargain deal that is good, is an agreement reducing the charge to a less serious misdemeanor offense such a traffic violation or reckless driving, which can later get expunged from a DUI defendant’s background.

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.

Is it Possible to Negotiate With the Prosecution Attorney Without a DUI Lawyer?

Generally, you should not agree to a plea deal for a DUI without first consulting with a criminal defense attorney. Board Certified local DUI lawyers have years of experience negotiating plea deals in the area. 

Most judges will tell someone who pleads guilty to a DUI without a lawyer to speak to a lawyer before making that decision. 

If you contest your DUI without a lawyer and lose, you may face financial penalties or time in jail for your conviction. 

Tips for Handling Criminal Plea Negotiations

• Being realistic
• Being flexible
• Not giving in too quickly
• Proposing alternatives 

A wet reckless is generally considered a good deal for the defendant. Prosecutors might be willing to offer such a plea deal only in the least serious cases or where the evidence supporting the DUI charge is somewhat weak.

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.

If choosing to make a plea bargain for a DUI case is truly in a driver’s best interest, a 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.

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, DWI case.

Additional DUI, DWI Plea Bargains 2024 Law Resources:

http://dui.drivinglaws.org/resources/dui-and-dwi/dui-plea-bargain.htm