DUI Plea Bargain
Though it depends on a number of factors, it may be possible for you to enter into a plea bargain with the prosecution if you are charged with DUI. This is something your attorney can review with you in the event that this is a possibility. A plea bargain is simply an agreement that is made between the prosecution and the defense. Typically, a plea bargain is brought up in a DUI case if the defense finds weaknesses in the prosecution’s claims. Remember, the prosecution has the burden of proof—they are the ones that brought the DUI charge against you and they must prove this to be true.
If the defense finds that they either don’t have enough evidence or that the evidence they have against you is questionable, the prosecution may gladly enter into a plea bargain with your defense attorney. They are not going to want to go to trial and lose.
For instance, let’s say that the prosecution has a breath test result that you were .08%--just at the legal limit of being able to be charged with DUI. The defense can bring in an expert witness to testify the inaccuracies of the breath test machine to disprove that you were DUI.
Since the prosecution will not want this expert to testify this information at trial in front of a jury, they may accept a plea bargain. Your attorney may suggest a lesser charge of reckless driving. If the prosecution agrees to this, they may require you to pay a fee and attend alcohol education classes. The prosecution will then present to the court that they have changed the charge against you from DUI to reckless driving to which you will plead guilty to.
If this is the case, your penalties will completely change. The fees are much less expensive, you won’t face jail time and you may not have to lose your license. Another benefit is that your auto insurance won’t double like it would should you have been convicted of DUI at trial.
Your attorney will discuss a plea bargain with you if he or she believes this is in your best interest.
