Should a Accept a DUI Plea Bargain?

If you’re faced with a charge of DUI, and the prosecutor offers you a DUI plea bargain, you need to consider the offer very carefully. Whether or not you accept it will depend entirely on your case; in the vast majority of situations, a plea bargain is a wise choice, but there are a few rare exceptions to the rule. A skilled lawyer is essential in making a decision like this, but you should also have a general understanding of the situation yourself in order to make an informed choice.

Things to Know About Plea Bargains

• A plea bargain offer in a DUI case is a very rare occurrence; while it is sometimes encouraged by the courts due to overcrowded trial calendars, the severity of a DUI charge leads most prosecutors to avoid pleading for lesser charges.
• Typically a plea bargain means that, in exchange for a lesser sentence, you will be required to plead guilty to the charges.
• Plea bargain offers are based on how serious the crime was and whether the prosecutor believes you will be convicted in a trial.

When Should I Accept a Plea Bargain? 

The answer to this question is: nearly always.  A plea bargain is typically an option in a DUI case in one of the two following scenarios; in both cases, it is in your best interests to accept the offer.

• The prosecutor is willing to let you take a lesser charge.

This may occur (although rarely) if there is some gray area in your situation. The prosecutor, if he or she thinks that convicting you on a DUI might be difficult, may offer a plea bargain. Perhaps, in exchange for you agreeing to plead guilty, the charge can be reduced to reckless driving, open container, or something less severe. Considering the impact a DUI has on your driving record and the severity of the fines and punishments that come with it, a lesser charge is almost always worth the plea.

• The case is so serious and your guilt so obvious that there’s no question what will happen in court.

If the charge is bad, and the crime was serious, and the evidence is strong, you might receive a plea bargain that says, in exchange for you pleading guilty at trial, you will receive less serious consequences. Prosecutors usually make this agreement if there is danger of a drawn-out court battle or other reasons they want to avoid taking you to trial.

When Should I Reject a Plea Bargain?

The only time you should turn down a plea bargain offer is, really, when you believe you will get a better deal by going to court. If, for example, the prosecutor offers you a charge of reckless driving in exchange for a guilty plea – but you do not believe you were even guilty of reckless driving, and you have evidence to back you up – you may want to reject the plea bargain and take it to court in order to clear yourself of all charges. Essentially, plea bargain rejection is a way of saying that you believe you can and will prove yourself in a court situation, you have the proof required, and a trial will result in a better outcome for you.

Getting Help

Keep in mind that you don’t have to outright reject, or accept, a plea bargain. You and your lawyer can counter-offer what the prosecutor offers as a plea, and it may be possible to settle in the middle with a result that is acceptable to both sides. Whatever you do, however, you need to have a lawyer on your side giving you advice as this is a very important choice that can have a major impact on your life.