What is a DUI Plea Bargain and How do They Work
In the United States the legal system has become increasingly difficult. So many new laws, procedures and punishments for different crimes have been developed that lawyers have the opportunity to specialize in one area of law just like doctors specialize in one area of medicine. One strategy that has been used for several years to help speed up the legal process, especially in DUI cases, is the plea bargain.
Definition of Plea Bargain
For any crime that has been committed, a plea bargain is a negotiation between the defendant and the prosecuting attorney. It always includes the defendant agreeing to plead guilty. Normally, the prosecutor will offer to lessen the punishment, or lessen the charge, or a combination. For example, if a person was arrested for a felony DUI, the prosecutor may offer to change the charge to a misdemeanor if the defendant will plead guilty and agree to certain requirements during the probation period.
Advantages of Plea Bargains
One clear advantage to the plea bargain is the efficiency of the process. Instead of going through a preliminary hearing, waiting for the case to go to trial and then wondering if the judge will find the person guilty, the DUI offender can cut straight to the chase and begin to put things behind him. If the prosecutor offers to lessen the charge to simple reckless driving, as opposed to a DUI, the punishment may be less severe. Each attorney and each court system is different and the plea bargain should be considered under the advice of an experienced DUI lawyer.
How Plea Bargains are Determined
Often times the prosecutor will take some time to research the history of the person arrested for drunken driving. This will give the attorney time to see if this is a first offense or a repeat offense. Once the prosecutor has reviewed the defendant's history they will offer up a plea bargain. On the flip side, the defending DUI attorney may want to wait before responding to the initial plea bargain. The defense will want to review any evidence, such as notes from the officer, video from the officer's dash camera (if available), testimony of witnesses, the results of the breathalyzer, and results from any other blood alcohol content (BAC) test. The goal of the defense is to see if any error was made during the entire process. If the defense sees a mistake made by the police or by the testing agent then there is a good chance to negotiate a better deal or possibly seek an acquittal.
Expiration of Plea Offers
There are usually no set expiration defined by the local laws. Technically this means the plea agreement is open as long as the prosecutor is willing to accept the agreement from the defendant. However, in the majority of cases, the prosecutor will set a deadline for accepting the deal. This is done as a way of forcing the defendant to make a decision, avoid trial, and ultimately plead guilty. This is why it is so important to have a goo DUI defense lawyer. The defense lawyer can review the plea bargain, advise to either accept it or wait and go to trial. A good defender will understand not only the local law but the preferences of the local judge. The defender may see a problem with the plea bargain and negotiate a better deal for the defendant.
Drawbacks to the Plea Bargain
By accepting a plea bargain the defendant is usually giving up some rights. Typically, the defendant will give up one or more of the following rights:
- The right to plead innocent in the case
- The right to have witnesses testify on your behalf
- The right to a trial by jury
- The right to appeal and decision made by the judge
If a person chooses to accept a plea bargain and waive these rights the judge will need to make sure that the defendant has knowingly given up their rights under their own decision. To confirm this decision the judge will go through these rights aloud, on record. This provides the prosecutor and the judge proof that the defendant was fully aware of all of their rights and even after given a second chance the person chose to accept the plea bargain and the conditions of the agreement.