Understanding DUI Plea Agreements: Key Insights
What is a DUI Plea Agreement?
A plea agreement in criminal law is a deal between the prosecutor and the defendant that agrees to dispose of the case if the defendant pleads guilty. Based on my experience in DUI cases, this is typically referred to as a "Plea". In exchange, the prosecutor will typically give up their right to a jury trial, the defendant will receive a reduction in charges filed, a dismissal of some of the charges they are pleading to, a reduction in possible jail time they would be facing. Even when the state has overwhelming evidence in a DUI case, including a breath test over the legal limit, there can be many sentences available to the judge at the time of sentencing . Those sentences may include the minimum fine, no community service, no alcohol monitoring devices such as SCRAM or Breath Alcohol Ignition Interlock Device (BAIID), the minimum possible jail time (or credit for time served), and a reinstated drivers license.
The plea agreement will typically wholly adopt the recommendations of the probation department in the written sentencing report. This is a common resolution in DUI cases. The plea agreement is not binding upon the judge. Sometimes a plea agreement may include a further reduction in sanctions if the defendant completes a treatment program or complies with court orders such as the Alcohol Education Program or the Drug Education Program.
Any plea agreement must be reviewed and signed by the defendant and their attorney. The Drivers License Compact, and other interstate compacts, require that the prosecutor and the judge receive a copy of the plea agreement.
Pros and Cons of DUI Plea Agreements
DUI plea agreements can offer a host of benefits for those charged with drunk driving. Required by law in many states, plea bargains are offered to defendants facing serious criminal charges at any trial court level, including municipal court. A plea agreement means that you will plead guilty to a lesser offense than the one you are charged with, typically in exchange for a reduced sentence. Sometimes, the entire DUI caught on tape may be dropped to a lesser charge like "wet reckless" (alcohol-related reckless driving) or "dry reckless" (alcohol-free reckless driving). In some cases, you may only have to pay a fine and not serve any jail time. Setting aside prejudice against DUI, sentencing can still dramatically affect the course of your life. Even if you don’t necessarily plan to go to trial, it’s a good idea to take advantage of the DUI plea deal so that you can avoid steeper penalties down the line. That said, there are definitely downsides to DUI plea agreements, and you should keep these in mind. For example, when you accept a plea agreement, you’re actually pleading guilty to a criminal charge that does appear on your permanent record. Also, you will miss out on the opportunity to defend yourself in court. Court cases result in a determination of guilt or innocence relating to the specific charges, as evidenced in the case of entrepreneur Michael Allison. Nevertheless, under the right circumstances and with the right lawyer, a plea bargain might be your best option in a DUI case.
The DUI Plea Bargaining Process
The first step in plea bargaining is the negotiation. The lawyer representing you in the case, known as the defense attorney, negotiates with the prosecutor (the attorney representing the state or federal government) and tries to settle the case without going to trial. The plea is offered to the defendant, who can plead guilty or not guilty. If the client chooses to plead guilty, the lawyer requests that the judge approve the plea. The prosecutor also has to approve the plea agreement. The judge will then approve or disapprove the plea agreement. If the judge does approve the plea agreement, the defendant is sentenced in accordance with the plea agreement and the defendant’s prior criminal history. If the plea agreement does not require the defendant to appear in front of the judge, the defense attorney can discuss the plea agreement, the rates of sentence and other potential issues with the defendant. However, it is important to remember that if the result of the plea agreement has serious consequences, such as the defendant serving time in prison, whether an immigration issue or something else, a discussion with the defendant must take place. The defendant must not only agree to the plea agreement but must also agree with the specifics of the plea agreement. The defendant must fully understand the meaning and ramifications of the plea agreement and guilty plea. The defense attorney and the prosecutor flesh out the details. The defendant is likely to receive credit for time already served. If the defendant has been incarcerated prior to the sentencing date, the court will give credit for those days served. This is a negotiation with the prosecutor to come up with the best result for the defendant. The defense lawyer wants the plea bargain to be for the least number of months as possible per charge. In most courts, someone convicted of a DUI will be allowed to get a restricted driver’s license so that he or she can drive to work. If the defendant had a valid driver’s license at the time of the arrest and the offense is a misdemeanor, a waiver can often be requested from the court to allow the defendant to keep the license. However, if the defendant pleads not guilty, the prosecutor can obtain documents from the Department of Motor Vehicles that can show that the defendant’s license was not valid.
Considerations When Accepting a DUI Plea Agreement
When deciding to accept a plea agreement for a DUI, individuals must address legal factors concerning their case as well as personal considerations on how they want their situation to be resolved. Some of the legal considerations that may be deliberated are: one’s ability to defend against the prosecution’s case if the case went to trial, and whether or not any legal defenses are available to you. Therefore, it is highly important for people charged with a DUI to hire an experienced DUI attorney to review the prosecutor’s case, so that one has a clear understanding of how your attorney intends to defend your case if you do not accept the plea agreement. Each DUI case is different; therefore, the prosecuting attorney will provide different plea agreements to individuals based on the strength of the prosecution’s case. If the prosecuting attorney believes you have a strong defense to the DUI charge, and that you may prevail at trial, the prosecutor may offer a more lenient plea agreement. On the other hand, if the prosecuting attorney believes the evidence against you is strong, the prosecutor might offer a plea agreement that is beneficial to your situation because their desire to resolve your case is lessened. There are numerous DUI defenses, which include the following: in some cases, the methods that were used to obtain a blood sample may not have been scientifically accepted methods, or there may have been an error made in a blood test reading. Sometimes, the Breathalyzer machine may not have been properly calibrated, or sometimes the officer who administered the breath test failed to follow proper procedures for administering the breath test. In addition, the methodology used to determine the blood alcohol concentration (BAC) or blood alcohol level in the state of California is not flawless. Some other DUI defenses that may be available in a particular case depend on the specific facts of the case, such as an individual’s medical condition, the individual’s use of prescription medications, and/or their sobriety. People who may have a medical condition that may affect their BAC level or who use prescription medication that may affect the way the body metabolizes alcohol, may want to consult their doctor to learn more about their medical condition/pre-existing prescription medications and how they may affect their BAC level. An experienced DUI attorney will have knowledge about the medical condition or prescription medications and will be able to review the client’s medical documentation with the client and provide guidance when it comes to the defense strategy for the specific DUI case. The likelihood of conviction may be another important consideration that an individual should deliberate prior to accepting a plea agreement for a DUI offense. If you do have a strong defense to the DUI charge, and the prosecution’s case is weak, the likelihood of conviction could be weak as well. If the prosecution’s case is weak, the chances of winning at trial may be high; therefore, the plea agreement offered by the prosecutor may not be favorable to you. This is one reason why it is important to have an experienced DUI attorney review the prosecution’s case before making the decision to accept or decline the plea agreement.
Alternatives to DUI Plea Agreements
Alternatives to Entering a Plea Agreement in a DUI Case
If you opt not to enter into a plea agreement on your DUI charge, you still have options. You may choose to go to trial. You may enter a pre-trial diversion program or otherwise seek to have the charges against you dismissed.
If you are found guilty at trial, you will most likely wind up with a conviction, probation and/or any other penalties set forth by the judge.
Going to trial is a daunting prospect for many and can be costly in both time and money. Most people who go to trial are unsuccessful.
A diversion is an agreement made between the prosecution and defendant to keep all or part of your charges from ever being made official. Successful completion of the program will prevent your being formally charged with DUI and other offenses. Successful completion includes things like community service , attending Alcoholics Anonymous (AA) meetings and drug treatment programs.
Motion to Dismiss is a chance for your attorney to have the judge dismiss some of the charges against you before ever going to trial. This is a valid option when there is a flaw either in the probable cause or in the procedural aspects under which the police arrested you.
Each of these alternatives involves a number of legal steps that must be performed in a precise order. You should only pursue them with the counsel of an experienced DUI attorney.
Negotiating a Favorable DUI Plea Agreement
If you have been arrested for DUI, it is important to understand how to negotiate a more favorable DUI plea agreement. This can be accomplished by gathering evidence, challenging the prosecution’s case, and collaborating closely with counsel to protect your legal rights. In many cases, favorable plea agreements can be negotiated by gathering compelling evidence that calls the prosecution’s case into question. This evidence can take many forms. For example, it may lead to beneficial outcomes if you can prove that the police officer who arrested you did not follow proper procedures or used unreliable testing equipment during the initial investigation. It may also be possible to negotiate more favorable plea agreements by challenging the prosecution’s evidence. Prosecutors are sometimes forced to drop DUI charges (or federal charges) altogether if they are unable to prove that a defendant was drunk or he or she was operating the vehicle in question. Plea negotiations can be further strengthened if the defendant has reason to believe that the blood alcohol testing equipment used in his or her case was unreliable. Perhaps most importantly, you will not be able to enjoy a favorable plea agreement unless your attorney works closely with you throughout the negotiation process. Your attorney should keep you abreast of key developments and cooperate with you in order to ensure a successful plea bargain. Your attorney must also help you understand the legal implications of your plea agreement, which will make it easier for you to reach a beneficial arrangement through negotiation.
Case Examples and Case Studies of DUI Plea Agreements
Example 1: A Gradual Approach
John, a 29-year-old architect, was pulled over while leaving a wedding reception. He blew over the legal limit of 0.08%, so John thought he had no choice but to accept the first deal offered by the prosecutor. The deal included a 6-month license suspension and 12 hours of alcohol education classes. After consulting with a DUI attorney, John learned that the prosecutor brought the case to court and his breath test didn’t necessarily equal impairment. In the end, John’s license was only suspended for 3 months, he did not have to attend the classes, and he paid a fine of $300.
Example 2: Flawed Breath Test Equipment
Mary, a 36-year-old teacher , was charged with DUI after a breath test indicated she was over the legal limit. She provided a sample that returned a result of 0.12%. After talking with her defense attorney, they learned that the machine used to take her sample was due for routine maintenance. In the fight against her charges, the breath test was called into question. The case was eventually dismissed.
Example 3: Getting Help
Mike, a 52-year-old small business owner, was arrested for drunk driving after being pulled over twice within one month. One of his employees was a DUI attorney. Mike’s attorney requested the arrest report and the breath test results, and quickly found mistakes. The police officer forgot to check the calibration on the Breathalyzer in between tests. Because of this, the judge threw out the breath test results.