Navigating the legal complexities of a driving under the influence (DUI) charge can be a stressful and overwhelming process. However, that is understandable because the legal consequences you could face upon a conviction are grave, including suspension of your driver's license (DL), hefty fines, and sometimes even jail time. If you are under arrest for an alleged DUI offense, working with an attorney could help.
A skilled attorney can navigate the legal complexities of the charge, which often involves considering the available plea bargain as a strategic defense option. Agreeing to a plea deal with the prosecutor could help reduce the possible impact of a DUI conviction.
However, before negotiating a plea deal, your attorney must assess the facts of your unique DUI case to determine if this decision will work in your favor.
A DUI Plea Bargain at a Glance
A DUI plea bargain or plea deal is typically a negotiated agreement between the prosecution team and you, the defendant, or your attorney. The plea agreement involves either a reduction in the charge or sentence.
You must plead “no contest” or “guilty” to the alleged DUI offense to receive a reduced sentence. By doing this, you will avoid the uncertainty and risk of waiting to see what punishment the judge could impose upon a conviction at trial and instead receive specific, agreed-upon lighter penalties.
Conversely, to receive a reduced charge, you must plead guilty to a lighter charge, which the prosecutor and your attorney will agree to after a negotiation. Generally, this reduced charge attracts lighter consequences and reduced stigma than the conviction for the underlying DUI charge.
Since agreeing to a DUI plea bargain means giving up your constitutional rights for a trial to challenge the alleged offense before a judge or a jury, you should consult an attorney when considering this option. Consulting with an attorney is vital because a DUI plea could also attract jail time, fines, community service, or a DL suspension.
In addition to being your legal counsel, your DUI attorney can help negotiate the most favorable plea deal for your unique case.
Advantages and Disadvantages of Plea Bargains in a DUI Case
Before considering a plea bargain when charged with a DUI offense, you should weigh the pros and cons of this decision. Below is an overview of the advantages and disadvantages of DUI plea bargains:
Advantages
Advantages of agreeing to a plea bargain when charged with a DUI offense include:
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Reduced penalties — Agreeing to a plea deal will result in reduced sentences, including shorter DL suspension periods, reduced fines, and reduced or no jail time
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Reduced charges — A plea bargain could lead to a less serious offense, like dry reckless, which attracts lighter legal consequences
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Speedy resolution — Besides being stressful, the criminal trial process can be lengthy. Fortunately, accepting a plea deal can move your DUI case quickly through the legal system, saving you and the prosecutor time and resources
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Reduces the uncertainty and stress of the trial — Accepting a plea deal offer eliminates the stress and uncertainty associated with the criminal trial, including the possibility of receiving maximum penalties upon a DUI charge conviction
Disadvantages
While accepting a DUI plea deal has several advantages, this decision could also be disadvantageous. Below are examples of disadvantages associated with a DUI plea deal:
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It Will Reflect on Your Criminal Record
Even though you will plead guilty to a lighter offense, it will appear on your criminal record, which could affect several aspects of your life, including job opportunities.
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Possible Stricter Penalties
Depending on the plea deal you accept, the judge's penalties could still be strict, especially if the prosecutor insists on more stringent conditions in exchange for a plea deal.
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You Will Have to Admit Guilt
Another serious disadvantage of a plea bargain is that you must plead guilty, regardless of whether you believe the allegations you are facing are untrue.
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You Will Lose Your Right to a Trial
As mentioned in the previous paragraph, agreeing to a plea deal means giving up your legal rights to a trial, allowing you to challenge the allegations you face. That means you will forgo any opportunity to secure a dismissal of the alleged DUI charge based on your attorney's legal defense argument and evidence at trial.
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Less Thorough investigation
Sometimes, the prosecutor could offer you a plea deal because he/she wants to avoid the full trial investigation and resolve the case as soon as possible. That means, even if the evidence the prosecutor has against you is weak, you could end up accepting a plea that does not reflect the merits of your DUI case.
Should I Accept a Plea Bargain When Arrested or Charged With a DUI Offense?
While accepting a plea agreement has several benefits, you should think twice about this decision if you are arrested or charged with a DUI offense. Some of the factors to consider include:
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The Strength and Viability of the Prosecutor's Case Against You
If the prosecutor's evidence against you was improperly collected or weak, your attorney could recommend taking the case to a trial hearing to challenge the alleged charge for the best possible outcome. However, when the evidence the prosecutor has against you is overwhelming, accepting a plea offer would be wiser than risking the possible penalties at trial.
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Your Criminal Record
Your prior record, especially DUI-related, may affect the prosecutor’s offer. Since a DUI is a priorable offense, your subsequent conviction will attract stiffer penalties. However, accepting a plea deal could minimize the possible impact of a DUI conviction.
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The Possible Penalties of the Alleged DUI Offense
If the alleged DUI offense goes to trial, you could receive the maximum penalty upon conviction. However, when you accept a plea agreement, you will receive reduced penalties or a lighter charge with lighter penalties.
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The Possible Legal Defenses You Can Use
The viability and reliability of the available legal defenses are also crucial factors to consider when determining whether to accept a plea deal. If your attorney has strong legal defenses that can convince the court to dismiss or reduce your charges, he/she could recommend going to trial to challenge the charge before a judge or jury.
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Long-Term Repercussions of a DUI Conviction
A DUI conviction could attract several long-term consequences, including challenges securing employment and suspension of your driver's license for an extended period. If you rely on your DL for family or work obligations, a conviction for a DUI offense could significantly affect your life. Fortunately, you can avoid or reduce these impacts by accepting a plea deal.
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Your Defense Attorney's Experience and Reputation
A seasoned defense attorney will keenly assess your unique DUI case and explain all the available legal options that can work in your favor. A seasoned defense attorney can negotiate with the prosecution team on your behalf to secure a favorable plea deal. Hiring a local attorney is advantageous because they likely know how judges and prosecutors handle DUI cases.
DUI Plea Bargain Options
Common outcomes of a successful plea bargain negotiation could include a reduced charge instead of the DUI charge, including:
Wet Reckless
A wet reckless offense under Vehicle Code (VC) 23103.5 is a plea deal option that allows you to plead guilty to a reckless driving offense that involves alcohol instead of a DUI charge. The phrase “wet” in the wet reckless offense means you were driving recklessly due to the influence of alcohol.
While the penalties of a VC 23103.5 charge are not as serious as a DUI, it is a priorable offense, meaning the court will consider it when determining your penalties for a future DUI charge conviction within the “lookback period.” Below are some of the advantages of pleading guilty to a VC 23103.5 violation when charged with a DUI:
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Lower fines
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Less jail time, if any
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Possibly, the court will not suspend your driver's license. However, the DMV (Department of Motor Vehicles) could still suspend your license
Dry Reckless
Unlike a VC 23103.5 offense, a dry reckless offense under VC 23103 does not involve alcohol and is not priorable. Another advantage of a VC 23103 offense over a DUI or wet reckless offense is a lower impact on your vehicle insurance premiums.
However, legally speaking, this misdemeanor could attract some points on the DMV driving record.
Exhibition of Speed
While it is rare in most DUI cases, the prosecutor could agree to reduce the alleged DUI offense to exhibition of speed if his/her case against you is weak. Also known as speed ex, exhibition of speed is a misdemeanor that can result in fines, possible jail time, or probation upon conviction. Also, a conviction for this offense adds more DMV track points.
However, in most cases, a “speed ex” charge conviction will not result in any jail time, but it could attract lower fines than you would expect in a DUI charge conviction.
Drunk in Public
Another plea bargain option the prosecutor will consider is a drunk in public charge under Penal Code 647(f). The prosecutor could offer you this plea bargain option if he/she has evidence to prove that you were in a public place, but it was not apparent that you were operating a vehicle. For example, a DIP could be requested or offered if the police arrested you after finding you passed out outside of a parked vehicle.
Like most plea bargain options, a DIP charge is a misdemeanor that can result in a lower fine and jail time. Fortunately, this offense will not attract DMV points since it does not involve driving.
Traffic Infractions
If the prosecutor's DUI case against you is fairly weak and he/she is certain it will not stand trial, he/she could agree to reduce your case to a traffic infraction. While a traffic infraction is not a criminal offense, it could attract a small fine. The prosecutor is more likely to offer you a traffic infraction as a plea deal when charged with a DUI if he/she believes the arresting police officers engaged in misconduct.
Strategies Your Attorney Will Use to Negotiate a Desirable Plea Deal
The first step in negotiating a desirable plea deal when facing a DUI charge is to consult with a dependable defense attorney. To secure a desirable plea deal during the negotiation process with the prosecutor, your defense attorney can apply various negotiation tactics. For example, he/she can:
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Take Advantage of The Weakness in the Prosecutor's Case Against You
Identifying weaknesses in the prosecutor's case against you and highlighting them during the plea deal negotiation process can convince the prosecutor to offer you a desirable plea deal.
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Present Mitigating Factors
Your attorney will use mitigating arguments that convince the prosecutor to offer you a favorable plea offer. For example, he/she could argue that you do not have a criminal record or are actively involved in your community, meaning you are a person of great character.
Showing the prosecutor that you are remorseful and willing to enroll in rehabilitation and treatment programs, like counseling or attending a DUI school, can convince the prosecutor to offer a more desirable plea deal.
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Prepare for Your Case Trial Hearing as Leverage
Showing the prosecutor you are willing to take your case to trial could also provide leverage during plea deal negotiations, encouraging him/her to offer you a desirable plea deal to avoid the possible uncertainties of the trial.
Find a DUI Defense Attorney Near Me
Negotiating a favorable plea agreement in DUI cases could be an advantageous defense strategy to help you secure a desirable outcome. By comprehending the plea bargain process, retaining the services of a competent defense attorney, and using well-thought-out negotiation strategies, you can maneuver the legal complexities of the justice system and reduce the effect of a DUI charge on your life.
At Jonathan Franklin DUI Attorney, we understand that negotiating a favorable plea agreement can help you avoid or reduce the potential penalties associated with a DUI charge. We invite you to call us at 323-464-6700 if you or a loved one is under arrest or charged with a DUI offense in Los Angeles.
