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: