A driving under the influence (DUI) offense isn’t just a minor traffic violation. It is an actual crime that can result in significant penalties. A driver convicted of a DUI offense has to worry about landlords and employers finding out about their brush with the criminal justice system years later.
They may have to pay fines and serve time in jail if they plead guilty or get convicted in criminal court. There are multiple ways for people to limit the consequences of a DUI charge. Sometimes, the situation provides an opportunity for a straightforward defense strategy. Other times, a driver might be eligible for Accelerated Rehabilitation Disposition. Some people might hope to negotiate an arrangement in which they plead guilty to a lesser offense rather than to a DUI.
Do prosecutors ever agree to reduce the charges brought against a motorist accused of impaired driving?
Plea bargaining is a complicated process
The vast majority of criminal cases result in a guilty plea or a plea bargain rather than a trial. Entering a guilty plea to a DUI offense leaves a driver at the mercy of the courts and at risk of significant penalties.
However, negotiating a plea bargain can reduce the potential consequences. A successful plea bargain could result in the state reducing a DUI charge to a reckless driving charge or even a traffic infraction, such as speeding. Factors including the justification for the traffic stop, the record of the driver and the evidence that the state has may influence how receptive the prosecutor is to plea bargaining.
Defendants often struggle to advocate for themselves when facing DUI charges. Those who hope to reduce the charges that they face to avoid a serious criminal record may need help from a criminal defense attorney.
Lawyers can highlight weaknesses in the state’s case. Their experience negotiating and taking cases to trial can inspire a state prosecutor to be more cooperative during plea bargaining. Those who are serious about limiting the potential consequences of a pending DUI charge may need to seek legal representation as soon as possible after a DUI arrest.
Negotiating a plea bargain that reduces a DUI charge to a lesser offense is one of several viable defense strategies. Drivers facing DUI allegations may need help evaluating their circumstances and pushing for the best possible outcome, and that’s okay.
