Plea Bargains
Every driver arrested on suspicion of DUI / DWI may face an important decision to make – whether to take the case to trial or accept a plea bargain. Plea bargains can be particularly good options if the prosecutor has a strong case and the chances of prevailing at trial are questionable. An experienced criminal defense attorney from www.NotDrunk.com will determine whether a plea bargain may be offered and whether accepting it is a good option for the driver.
Plea bargains involve pleading guilty or no contest to a reduced charge or to the original charge with negotiated consequences. The prosecutor may offer to reduce the drunk driving charge from a felony to a misdemeanor, which is nearly always a good deal for the client.
A second option is to plead guilty to a reduced charge that carries far fewer consequences. Many states allow a drunk driving charge to be reduced to alcohol-related reckless driving, sometimes referred to as ‘wet-reckless.’ Wet-reckless is superior to a drunk driving conviction in every way. In many states, wet-reckless carries no mandatory license suspensions or alcohol education classes. An SR-22, or formal proof of insurance, may not be required. Such a plea bargain can be beneficial for those who have professional licensing considerations, such as doctors or psychologists.
However, wet-reckless and other reduced charges are often priorable, meaning that if the driver is arrested for DUI / DWI again within a specified period of time, the first conviction counts as a prior, and the driver will face the consequences of a second-offense DUI / DWI if convicted. Also, insurance companies view wet-reckless as the same as a DUI conviction, which likely means higher premiums.
Sometimes drivers are allowed to plead guilty to reckless driving not involving alcohol, also known as dry-reckless in some states. A dry-reckless conviction is superior to a drunk driving or wet-reckless charge in every way. Dry-reckless is typically punishable by only a fine and probation. Dry-reckless also isn’t priorable, meaning it won’t count if the driver is arrested for drunk driving again. Also, a dry-reckless plea doesn’t require an SR-22.
An even better plea bargain is an offer to plead guilty to exhibition of speed. This charge is typically offered when the prosecutor’s case is particularly weak. Offers to reduce drunk driving charges to exhibition of speed are bargains in the true sense of the word. Exhibition of speed is usually punished only with a fine, isn’t counted as a prior drunk driving offense, and no SR-22 filing is usually required.
The best possible plea bargain of all occurs when drinking and driving charges are reduced to mere traffic infractions. The driver pleads guilty to an infraction such as speeding or making an unsafe lane change, and the DUI / DWI charge is dropped. The driver need only pay a fine, and may even be able to attend traffic school to clear the ticket from the record. There is no requirement for an SR-22 or alcohol education courses, and the driver walks away without a criminal record.
A skillfully negotiated plea bargain can provide an exceptional outcome in a DUI / DWI case, but they are complex agreements that require the expertise of a skilled drunk driving criminal defense lawyer. A knowledgeable defense attorney from www.NotDrunk.com will determine whether it is better to negotiate a plea bargain or take a case to trial, and explain the pros and cons of each outcome.