When is it best to plea bargain a DUI?

DUI cases that go to trial are usually decided by jurors who render verdicts based on the facts surrounding the DUI incident. As with other cases, the prosecutor has to prove the defendant's guilt beyond a reasonable doubt. Despite a general belief to the contrary, these two factors can actually work in the favor of someone charged with driving under the influence. Another factor that may favor a defendant are the statutes. Many individuals believe that strict interpretation of statutes work against them; however, this may be far from the truth. For instance, some states provide a time period between the DUI incident, also referred to as when the operation of the motor vehicle ceased, and when the chemical testing is administered. If the statute provides that the blood alcohol content (BAC) must be within two hours of the DUI incident, any testing done outside this time frame may be inadmissible in court.

If the defendant had a drink after the incident but before testing, the defendant's attorney can rightfully argue that the post-incident drink provided a false positive for the subsequent test. That is, that even if the BAC was above the legal limit at the time of the test, the interceding drink makes it difficult to prove that this was the limit at the time when the defendant operated the motor vehicle.

Defendants often believe that the arresting officer's testimony is set in stone. However, testimony can be refuted in court if circumstances contradict the officer's testimony. For example, field sobriety testing (testing done at the site of the arrest) may not have been properly administered. Sometimes the chemical testing may be faulty, especially if your attorney can show that the calibration was off and resulted in a false positive.

An experienced attorney knows how to investigate DUI arrests and chemical testing to look for those factors that can provide a reasonable doubt. This is the key to any defense. If a prosecutor feels that the case against the defendant has been weakened with other evidence, he or she may be open to a plea bargain or may even drop the charges. However, getting a skilled attorney is pivotal to fighting any DUI charge, even before it gets to trial. Talk with an attorney experienced with negotiating and defending DUI cases to defend against possible prosecution.