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DUI Plea Bargain
When one has been charged with driving under the influence (“DUI”), one may elect to settle the case by a plea bargain instead of having the matter resolved by a trial. In a plea bargain, the defendant agrees to accept a guilty plea in exchange for a less strict sentence. The details of the plea bargain are negotiated by the defendant’s attorney and the prosecutor assigned to the case. The terms of the plea bargain depend upon the DUI factors involved in the particular case. Many times, a DUI charge may be reduced from a Class A DUI misdemeanor to a Class B DUI misdemeanor, which typically carries a lower penalty.
When To Accept or Not
Accept a Plea Bargain for a DUI
Plea bargains may be a good option in a DUI case when there is significant evidence against the defendant and therefore a strong likelihood that the prosecutor will prevail against the defendant. In addition, if there are other pending charges along with the DUI, a plea bargain may reduce or eliminate the other pending charges. Furthermore, a plea bargain may result in reduced jail time or fines. Moreover, a plea bargain may allow for a drivers license to be reinstated sooner than if one was found guilty at a trial and received a sentence thereafter. Conversely, there may be times where it is not a good idea to accept a plea bargain. For instance, if the plea bargain is unfair to the defendant, the plea bargain should not be accepted.
Is Hiring a Lawyer Nessary?
If one has been arrested and charged with a DUI, it is essential to retain the services of an experienced DUI attorney. A seasoned DUI attorney will not only be able to make sure that the defendant’s rights are protected, but also the attorney will be able to determine whether a DUI plea bargain is the best method to resolve the case. In addition, the attorney will be able to skillfully negotiate the terms of the plea bargain and obtain the most favorable resolution to the matter.
