A driving under the influence (DUI) criminal charge plea bargain is an agreement between the prosecutor and the defendant, in which the accused pleads guilty to a lesser offense, resulting in a reduced sentence. It means less time in incarceration, fewer fines, less impact on your Department of Motor Vehicles record, and maintaining your driving privileges. Plea bargaining also comes with disadvantages, and choosing whether to take a prosecutor's offer depends on your case facts. For instance, a plea offer might be suitable if the prosecutor's case against you is weak. Your DUI defense lawyer can analyze the case facts, discuss available options, and guide you on the best course of action.
Defining Plea Bargain in DUI Cases
A plea deal is an agreement in your criminal case between you, the defendant, and the prosecution that involves you pleading guilty or no contest to a less severe crime. Typically, a plea deal entails either a reduction in charges or a reduced sentence.
Here are the benefits of a DUI charge reduction:
- No compulsory driver's license suspension
- Sometimes, the reduced offense is not priorable (the judge does not consider your previous criminal charge if you are later convicted of DUI within ten years).
The pros of sentence reduction are as follows:
- Possibility of facing a lenient sentence
- Reducing the uncertainty of knowing your sentence
Common plea bargains include the following:
- Wet reckless
- Dry reckless
- Exhibition of speed
- A traffic infraction
- Drunk in public (DIP)
- Drinking alcohol in an automobile
Considerations to Take When Accepting a Plea Bargain Offer
Legal assistance is key when considering a plea deal. Your DUI defense lawyer knows the implications of a plea offer, including the long-term impact on your life. They can also review the strengths and weaknesses of the prosecutor's case and advise you on the best course of action. Without the legal guidance, you may fail to realize that the offer is unfavorable or overlook crucial factors. Your attorney can help you make a wise decision that protects your interests and rights.
Before taking the prosecutor's offer, it is advisable to review the gaps and inconsistencies in the prosecutor's case against you. It involves reviewing witness credibility, evidence, and the likelihood of conviction if the case proceeds to trial. Your lawyer can evaluate the benefits and risks of accepting a plea vs. proceeding to trial. If the prosecutor's case is questionable or weak, you have a chance of realizing a favorable verdict at trial. On the other hand, if the prosecutor's evidence is strong, taking a plea offer might be a better option to avoid the risk of a more severe sentence.
Wet Reckless
A wet reckless is a term that describes a DUI charge that prosecutors have reduced to a reckless driving charge. The charge will be detailed as reckless driving with a note that alcohol was involved. That is where the term "wet reckless" originates from.
After pleading to wet reckless, the court will dismiss the DUI charges and notify the Department of Motor Vehicles.
Advantages of Wet Reckless
Here are the pros of a wet reckless charge:
- You will have a shorter duration in jail if convicted of wet reckless than a DUI. As a repeat offender, your minimum sentence for a wet reckless conviction is five days, while a second DUI conviction carries ninety days.
- Wet reckless carries a one- to two-year probation, while a DUI is punishable by a maximum of five years of probation.
- If convicted of wet reckless, you will pay a fine of $1,000 as opposed to $3,000 for a DUI conviction.
- Unlike DUI, the installation of an ignition interlock device is not mandatory but rather at the judge's discretion.
- A conviction does not result in an automatic driver's license suspension
- Shorter DUI school
Disadvantages of Wet Reckless
Here are the drawbacks of a wet reckless charge:
- Wet and reckless driving is a priorable crime— If charged with another driving under the influence within ten years, the prosecutor will consider your previous charge when determining your penalties.
- A conviction causes the DMV to add two (2) points to the DMV record and three and a half points if you were operating a commercial vehicle. Accumulating a given number of points can result in negligent operator designation and driver's license suspension.
- Insurance providers equate a wet reckless with a DUI and may increase your insurance premium rate.
Dry Reckless
The term 'dry reckless' refers to the act of driving recklessly, which is a result of a plea bargain in DUI cases. Your attorney can negotiate for a dry reckless charge if their case against you is too weak to secure a DUI conviction.
Dry Reckless Advantages
Dry reckless pros include the following:
- Lesser time in jail — A plea deal downgrading your DUI to a dry reckless attracts only ninety days in county jail. On the contrary, a DUI conviction carries a six-month incarceration, which may increase to a year following a subsequent conviction. The 90-day sentence for a dry reckless conviction is less than half that of a drunk driving probation violation.
- No mandatory enhancements for a repeat offense — Unlike a drunk driving conviction, the dry reckless sentencing does not increase with any subsequent conviction. Although the sentence for a repeated dry reckless offense may be severe, it is not as harsh as that of the compulsory requirement for subsequent DUI convictions.
- Lesser fines — DUI and dry reckless convictions attract fines of $1,000. Nevertheless, the court-imposed penalty assessment, which applies in DUI criminal cases, can increase the total fines to approximately $3,000. Additionally, the dry reckless compulsory minimum fine is just $145. The mandatory minimum for a DUI is $390.
- No DUI school requirement— A DUI conviction requires you to undergo a minimum three-month alcohol education program. The program extends to 18 months if a defendant is later convicted of another DUI crime. On the other hand, a dry reckless conviction does not require you to complete DUI school.
- Shorter probation duration — Dry reckless probation can last between 12 and 24 months. On the contrary, DUI probation lasts for a duration of three to five years. The shorter probation time is crucial because if police arrest you for a different crime and you have already completed probation, the court cannot sentence you for violating probation.
- No court-imposed license suspension — A DUI conviction attracts six months of driving privilege withdrawal, which can increase further if you were previously convicted of wet reckless or a DUI. However, the DMV may allow you to continue driving after an IID installation. On the other hand, a dry reckless conviction does not result in the withdrawal of driving privileges, but it adds points to the driving record and could lead to a negligent operator driver’s license suspension. A DMV hearing officer decides whether to suspend or revoke your license during a DMV hearing, not in the criminal proceedings. You can avoid the license suspension by convincing the prosecutor to reduce your DUI charge and winning your DMV case.
Dry Reckless vs. Wet Reckless?
Both dry reckless and wet and re'ckless require you to agree to enter a guilty plea. Nevertheless, your criminal history will not include a citation that alcohol or controlled substances were involved in the arrest in a dry reckless conviction.
Here are the benefits of dry reckless over wet reckless:
- Dry reckless is not a priorable offense— Wet reckless and DUI convictions are priorable offenses. Therefore, if you were previously convicted of either crime and are subsequently sentenced for another drunk driving crime within ten years, you risk facing more severe penalties. On the contrary, a dry reckless is not priorable. It means if you were convicted of a dry reckless and are subsequently convicted of another DUI, the court will not consider the dry reckless conviction.
- Insurance premiums — Unlike a wet reckless, a dry reckless conviction does not result in your insurance policy being cancelled or an increase in the premiums.
- Additionally, regarding professional licenses, a dry reckless does not attract the same attention as a wet reckless because the charge is prosecuted as a misdemeanor.
Drunk in Public
Prosecutors reduce DUI to a DIP charge when it is evident that you were intoxicated, but unclear if you were operating the car.
For instance, you can request the prosecutor to reduce the DUI charge if you had parked your car on a public street or in front of another person's house.
A 647f conviction is a misdemeanor that carries a potential sentence of six months in county jail and a fine of $1,000. Since it is not a driving-related crime, a conviction will not result in the DMV adding points to your driving record.
Traffic Infraction
A prosecutor will offer a traffic infraction only when they are certain they cannot obtain a DUI conviction, including the following:
- The police did not comply with Title 17 of the Code of Regulations
- The prosecutor's criminalist cannot validate the chemical test result
Infractions do not carry a jail term but result in a fine of $250.
Drinking Alcohol in a Motor Vehicle
Prosecutors can reduce your DUI criminal case to drinking alcohol in an automobile if their proof against you is weak.
It is an ideal offer because it is charged as an infraction punishable by a fine of $250. You will neither face the likelihood of serving time nor will the DMV accumulate points on your driving record.
Exhibition of Speed
Prosecutors also plea bargain DUI criminal charges down to an exhibition of speed.
VC2319c defines exhibition of speed as a traffic violation that prosecutors charge when a defendant accelerates to a dangerously high speed, with the intent to draw the attention of or amuse bystanders. It is also known as street racing or speed ex.
Speed ex has various benefits over a DUI conviction, including the following:
- Speed ex is not a priorable crime.
- Shorter probation —A speed ex conviction is punishable by up to two (2) years of probation.
- Shorter incarceration — Unlike DUI, which is punishable by six months in jail for a first-time crime, speed ex attracts only ninety days in county jail.
- Speed ex does not result in an automatic license suspension. Instead, it causes the DMV to add two points to the driver's record. Please note that the DMV can withdraw your driving privileges for six months if you have accumulated four points in a year, eight points in three years, or six points in two years.
- A speed ex conviction carries a fine of $500, while a standard DUI attracts up to $1,000, minus the county penalty assessment.
When Does the Prosecutor Offer Speed Ex as a DUI Charge Reduction?
Generally, a prosecutor will offer this charge reduction in criminal where there are prosecutorial gaps that would hinder the court from obtaining a DUI conviction.
Some of the factors the prosecution considers are as follows:
- Whether the BAC was below the legal limit
- If the breath test gadget was improperly calibrated
- Whether the blood results did not show drugs
- The arresting police officer's credibility
- If you suffered from a health condition that caused high BAC results
- Whether there is proof that the blood test result was tainted
- The quality of police work
- If the police engaged in misconduct
- Your criminal history
It is not a must that the prosecution will lower the DUI to a speed ex. You require a seasoned defense lawyer to negotiate.
Find an Aggressive DUI Defense Lawyer Near Me
A plea bargain is a compromise; if you accept the plea offer, you plead guilty or no contest to a criminal charge and accept the consequences and penalties associated with the offer. However, that might not be in your best interest. Before engaging in a plea bargain and DUI charge reduction process, consider consulting Jonathan Franklin DUI Attorney. Our Los Angeles-based legal team can review the facts of your case and provide you with tailored advice. If you decide to accept the offer, we can assist with your negotiations with the prosecution to ensure that law enforcement upholds your rights. To learn more about available DUI charge reduction options and how we can help you, please call us at 323-464-6700 for a free case review.
