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Depending on the case, DUI plea options may be offered by the prosecutor’s office overseeing a given criminal case. Generally, most large municipalities will implement some form of standard plea agreement for DUI charges, most notably for first offense charges, which helps alleviate the backlog of cases pending in a given jurisdiction, provides an alternative sentence in lieu of incarceration, and provides a reliable source of revenue for a city or county. However, these plea agreements are not necessarily in the best interest of the offender, and ultimately, the only way a defendant in a DUI case can make an informed decision on whether to accept a plea deal or not will be through consulting with a DUI lawyer about their specific case.
In practice, a defendant in a DUI case will want to enter a not guilty plea until otherwise instructed by legal counsel. In short, pleading not guilty offers the defendant a chance to negotiate future plea deals and build a viable defense. Often, a defendant’s first request by the courts to enter a plea comes before any viable research into possible criminal defense methods can be made. Therefore, by pleading not guilty, a defendant keeps his or her options open for the future.
Should a defendant continue entering a not guilty plea at subsequent court proceedings, his or her case will eventually go to trial, with the outcome decided by a judge or jury. The decision on whether to go to trial, again, should only be made upon the advice of legal counsel in light of the case-specific elements of your DUI case, including the insight of legal counsel concerning the viability of the defense options available.
Plea bargains are a common tactic used by both prosecutors and defense attorneys to resolve DUI cases. These deals, however, come with case-specific considerations, which a defendant should always consider with the insight of legal counsel. For example, most plea deals will involve conviction for the DUI offense, but spare an offender incarceration. However, the long-term implications of a DUI conviction are often significantly more imposing than offender initially realizes. While certain plea agreements may prevent conviction, reduce a DUI charge to a lesser criminal offense, or other favorable conditions, the reality is that most offenders will endure a long-term (and costly) probation period in the average plea deal, while still being convicted of a DUI charge.
In practice, a defendant can only make an informed decision about his or her case through insight of legal counsel. If all viable defense options are looked into, and no attempts to undermine the prosecutor’s case prove successful, the last option for a defendant should be to consider a plea bargain offered by a prosecutor. For first and possibly subsequent offenders in certain jurisdictions, the plea bargains offered are relatively favorable, but the long-term implications of conviction still exist, which is something many defendants tend to overlook initially. For more information and insight into your DUI case, it is imperative to consult with a DUI criminal defense lawyer following arrest.