Types of DUI Plea Bargains
The range of outcomes in a DUI case can vary greatly. It can be no offer at all, meaning that the prosecutor wants you to plead straight up to the DUI charge itself, to anywhere to a reckless driving or a careless driving offense, which are both non drink driving offenses, to a complete dismissal of the charge itself.
How Does it Work?
The prosecutor is the one who makes the decision to make a plea offer, and most cases do get resolved by plea bargain, they will make that offer to your attorney after they’ve met with them and discussed the case. Typically a plea bargain will come from the prosecutor once your attorney’s had a chance to review that evidence and discuss any weaknesses or problems in the state’s case. If there is a problem in the state’s case, then a plea offer, typically that is a non drink driving offense related will come such as a reckless driving or a careless driving.
Trial or Not?
But if the state’s case is strong, they may offer something other than a DUI such as a DUAC, a driving with an unlawful alcohol concentration, which is a drink driving offense charge. It’s at this point that you have to make the most important decision in your case. Do I accept that offer, or do I reject it and the case will move forward to a jury trial where a jury of your peers will decide your guilt or innocence at that trial?
Be Fully Informed
The most important factor in making this decision whether to plead guilty or go to trial is to meet with your attorney and review all the evidence in the case. In particular, you need to view the video evidence from the DUI investigation. You need to pay attention to any statements that you made to law enforcement that day or night in regards to drinking alcohol that day. And you need to look at your performance on the field sobriety test. It’s only once you’ve had a chance to look at this evidence, because after all, this is the evidence that’s going to be put in front of a jury to determine your guilt or innocence. Once you’ve reviewed that evidence, and now you’re in a position where you’re fully informed about the pros and cons of your case, then you can make a decision that’s best for you.
As usual, I hope this video was helpful and thanks for watching.