One of the most critical decisions that can be made in a DUI case is whether to fight the case in a jury trial or instruct your attorney to seek a plea deal on your behalf. This decision can not be taken lightly and must be considered with the benefit of all of the facts related to the case and a full rundown from your attorney regarding the strengths and weaknesses of your circumstances and the tendencies of the judge and prosecutor in the court where your case is pending.
When you meet with your attorney, one of the key discussions should be whether to negotiate a deal or not. This decision will provide your attorney with a clear direction on the next steps to best represent your interests. It's important to remember that certain investigative tasks, if aligned with your ultimate goal, are not a waste of time.
In a DUI case, a clear goal is crucial to provide strategic direction for your attorney. When I meet with clients, I ensure that we all leave with a shared understanding of our strategy. This collaborative approach ensures that we can work together effectively to achieve the best possible outcome for you.
Factors to Help Decide Whether to Take a Plea Deal
Several factors must be considered when deciding whether to accept a plea deal, file a motion to dismiss, or proceed to a jury trial in a DUI case. The first consideration is whether or not you can win the case or not. If you can not beat the case or win the motion to dismiss, you have the answer you need. It's okay to invest time and energy in things that will benefit you.
Moreover, if your attorney pursues futile motions and fights a case that should not be contested, it can lead to the prosecutor and judge's displeasure, potentially affecting your case negatively.
It's surprising when clients tell me that an attorney quoted them a fee before reviewing any evidence. This approach lacks common sense and can lead to problems. Defending a DUI case and deciding on a plea bargain is a step-by-step process that requires a sensible and experienced understanding of what it takes to win a DUI case.
How You Decide the Target Crime in a Plea Deal in a DUI Case
If the decision is made to make a deal, then the next consideration is the target crime to try to convince the prosecutor and judge to accept. The target crime, also known as the charge reduction, will be based on what you did and the seriousness level of your case, compared to other DUI cases that are dealt with in the courthouse where your case is pending.
Having defended thousands of DUI cases over the last 25 years, I can tell you that the biggest concern for judges and prosecutors is how dangerous you were out on the road and what they need to do to prevent you from hurting anyone in the future.
Whether an attorney tries to get the prosecutors to drop the case to a “wet reckless, “a speed contest, or even a moving violation depends on several factors and is something that will be primarily dictated by the facts of your case and your attorney's abilities in the courthouse where your claims is pending. Your attorney's experience and skills in negotiating plea deals can significantly impact the outcome of your case. The less dangerous your actions were to society, the better chance your attorney will have to negotiate a plea deal for you that you can live with.
Another consideration is where your DUI falls on the sliding scale related to DUI cases in the particular courthouse where your case is pending. On the high end of the spectrum are issues where the defendant blew a very high blood alcohol level and engaged in dangerous behavior toward society.
At the other end of the sliding scale are defendants who did not exhibit a very high level of intoxication and did not engage in dangerous behavior. Of course, some fall in the middle of these two extremes. This is where the best DUI defense attorneys earn their money and achieve the best possible resolution for their clients in the plea bargaining situation.
It is my goal in these DUI plea bargaining situations to flush out all of the positive arguments for my client in the beginning and then use the ideas most effectively with the prosecutor and the judge to convince them to give you the lowest common denominator on your DUI case and get you out of the system as quick as humanly possible.
