Plea Bargains

A motorist facing a drunk-driving charge has an important decision to make whether to take the case to trial or accept a plea bargain. There are sometimes good reasons to take a case to court, but there can also be compelling reasons to accept a plea bargain. An experienced DUI / DWI criminal defense attorney can help an accused drunk driver decide the best course of action in each individual case.

Depending on the case, considering a plea bargain may be a reasonable alternative to a jury trial. Plea bargains are a good option when the prosecution has a particularly solid case and the chances of prevailing at trial are slim.

One option in a drunk driving case is to plead Guilty, or No Contest, to DUI with negotiated consequences. In some cases, a prosecutor may be willing to reduce the DUI from a felony to a misdemeanor, which is almost always a victory for the client. A savvy drunk-driving defense lawyer may also be able to negotiate the consequences, which means he or she will work out a punishment that creates the least amount of disruption in a clients life.

Another option is to plead guilty to alcohol-related reckless driving, also called a "wet reckless" charge. The benefits of a wet reckless charge are that there are no mandatory license restrictions or alcohol education classes required. An SR-22, or formal proof of insurance, wont be required unless a drivers DMV hearing is unsuccessful. There may also be benefits for those who have professional licensing issues, such as doctors, psychologists, and real-estate agents. However, pleading guilty to a wet reckless charge means that if the driver is arrested on another DUI charge within 10 years, the conviction will count as a prior offense, meaning enhanced punishment. Also, insurance companies view a wet reckless as the same as a DUI conviction, which likely means higher premiums.

An even better option is to plead guilty to reckless driving not involving alcohol, also known as "dry reckless." A dry reckless conviction is better than a DUI conviction in every way, and experienced California DUI / DWI attorneys will almost always advise an accused drunk-driver to accept this deal if it is offered. A dry reckless conviction typically carries only a fine and probation, although the court may order the driver to attend alcohol education classes. A dry reckless conviction is not priorable, meaning it doesnt count as a prior DUI conviction if an individual is arrested again for drunk driving within 10 years. Also, a dry reckless plea doesnt require an SR-22 if the driver is successful at a DMV hearing.

Sometimes a prosecutor offers a plea of Exhibition of Speed when the DUI case is particularly weak. Like a dry reckless plea, an offer to reduce a drunk-driving charge to exhibition of speed is a bargain in the true sense of the word. A driver who pleads guilty to exhibition of speed usually only must pay a fine, although alcohol education classes may also be required. It cant be counted as a prior offense in a future drunk-driving arrest, and no SR-22 filing is required if the driver wins his or her DMV hearing.

Having a DUI / DWI charge reduced to a mere traffic infraction, such as speeding or unsafe lane change, is sometimes possible. Obviously, this is the best possible outcome. The driver need only pay a fine, and may even be able to attend traffic school to remove the citation from his or her record. There is no requirement for an SR-22 or alcohol education courses, and the driver walks away without a criminal record.

Because plea bargains are complex negotiations, any individual facing a drinking and driving charge is well advised to seek the counsel of a skilled DUI / DWI criminal defense lawyer. An attorney who specializes in drunk-driving defense may be able to negotiate a plea bargain to a lesser charge, and broker more favorable consequences for a driver facing a DUI charge.