DUI/DWI Plea Bargaining

Understanding a plea bargain

A plea bargain is basically just what it sounds like – a bargain. But who is this bargain between? Plea bargaining is an arrangement between the government and a defendant. Although plea bargaining is rare in DUI cases, there is a chance that your DUI defense attorney will find this method in your best interest.

During a plea bargain you agree to plead guilty, but usually to a lesser charge than what were brought against you. In exchange for your guilty plea, the prosecution will either give you a more lenient sentence and/or some charges may be dismissed against you.

When is a plea bargain made?

Depending on your court and jurisdiction, you may have to wait to a specific criminal proceeding before agreeing to a plea bargain. However, some courts may allow you to enter into a plea bargain shortly after your DUI arrest and before the prosecution has filed criminal charges against you. Even if your case goes to trial you can still enter into a plea bargain. And rather than the hassle of going through another trial if your case results in a hung (split) jury, you may enter into a plea bargain at that time.

Regarding your plea bargain, there are different factors that can attribute to the outcome. For example, if your DUI case involved injury or even death, or if the evidence is very strong against you this could be your best option.

What is an example of a plea bargain?

Recently, you have been charged with DUI and have been arraigned in court. While you are there, the prosecution approaches your lawyer. After they exchange words, your lawyer informs you that the prosecution is will to drop your DUI charge to a less serious offense such as a traffic violation. In exchange for this, you agree to plead guilty to the less serious charge. They may charge you with reckless driving, which has much less serious consequences than a DUI. It is up to you and your attorney whether or not you want to agree to the plea.

Another example is if you are charged with an aggravated DUI because another person was seriously hurt in the crash, which was caused by you. Instead of the possibility of receiving a guilty verdict at trail and facing much harsher penalties, you and your attorney approach the prosecution telling them that you will plead guilty to DUI in exchange for a less strict sentence.

No matter what your situation is, it is best to consult with an experienced DUI attorney first. He or she will know if plea bargaining is in your best interest!