When Should I Consider Taking a Plea Bargain in My DUI Case?


A plea bargain is an agreement between a criminal defendant and a prosecutor for the defendant to issue a guilty plea in exchange for a reduced sentence.

Nobody can choose to take a plea bargain but the defendant – but if you are facing DUI charges, you should make the decision very carefully. Whether or not you accept a plea bargain should be based on the following factors:

  • The severity of what you are being charged with. If you have been charged with a DUI and your BAC was very high – say, .13 – then it is unlikely that you will be able to fight the charges in court. In a situation like this, a plea bargain might be the way to go.
  • If there is overwhelming evidence against you and a plea bargain can bring your penalties down, a plea bargain may be in your best interest.
  • If you are very likely to receive a guilty verdict in trial but will be able to reduce your penalties by entering a guilty plea, a plea bargain could be a better option.
    Often, plea bargains can be used to have your charges reduced to something less severe – in the case of DUI, you may not have to plead guilty to DUI at all, but instead a wet reckless or DWAI, which carry significantly lesser penalties.

If you are thinking of taking a plea bargain, be sure to discuss your case with a DUI defense attorney to weigh all possible options.

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