DUI Plea Bargains

Although exceedingly rare in DUI cases, the possibility always exists that any time prior to trial the case will be resolved through a plea bargain between the government and the defendant. In a plea bargain, the defendant agrees to plead guilty, usually to a lesser charge than one for which the defendant could stand trial, in exchange for a more lenient sentence, and/or so that certain related charges are dismissed. For both the government and the defendant, the decision to enter into (or not enter into) a plea bargain may be based on the seriousness of the alleged crime, the strength of the evidence in the case, and the prospects of a guilty verdict at trial. Though usually discouraged in most DUI cases, plea bargains are actually encouraged in the criminal court system as a whole, and have become something of a necessity due to overburdened criminal court calendars and overcrowded jails.

What Kind Of Plea Bargain Might Be Made?

To illustrate how a "plea bargain" might be reached in a DUI case: suppose Dan is arrested and charged with DUI. A "plea bargain" might be reached in Dan's case in one of two ways:

1) The prosecuting attorney handling the case approaches Dan and his attorney, and offers to allow Dan to plead guilty to a less serious charge, such as reckless driving or an "open container" violation;

2) The government's evidence against Dan is so strong, and the injuries suffered by Dan's DUI crash victim so serious, that Dan agrees to plead guilty to the original charge of DUI, in exchange for a less severe sentence than he would likely receive if a jury found him guilty at trial.

See also: (Criminal Law Center)

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