Resolving a DUI through a plea deal is a common way of handling these cases. Whether the charge is dismissed or reduced or the penalties are lessened, an agreement with the prosecutor can often result in a much better outcome for defendants in DUI cases.
Most California DUI cases never see the inside of the courtroom. Either the charges are dropped or — more likely — the defendant makes a deal with the prosecutor. Plea bargains can often be very favorable to anyone charged with a DUI, but the result often depends on the skill and experience of your Long Beach DUI lawyer.
There are two primary ways that your attorney can negotiate a deal for you: either reducing the penalties for your DUI charge, or getting the charge reduced to something lesser, like wet or dry reckless driving. In many cases, a reduced charge will result in lesser penalties.
Building A Case
The first and most important step of any negotiation is building a solid case for reduced charges. Your lawyer will need to fully investigate the facts of your case to determine if there are any reasons why the charges should be dismissed as a factual or legal matter. This could happen in any number of ways.
First, your attorney could discover that the police officers committed some sort of error or violated your rights. Perhaps the police did not follow the law when it came to testing your blood, breath or urine, or maybe they didn’t have probable cause to stop you. If any of these factors are present in your case, your Long Beach DUI lawyer could utilize them to negotiate reduced penalties or a lesser charge.
Second, your lawyer could develop information to prove that you weren’t really under the influence when you were driving. This could be because of a medical condition, such as diabetes or GERD, that led to a falsely high blood alcohol content (BAC) reading. Or maybe you have a medical condition that made you appear more intoxicated than you actually are — even something as simple as allergies could lead to red, watery eyes that may be mistaken for a sign of intoxication.
Third, your attorney could use his understanding of the usual way that cases like yours are resolved to request that the prosecutor reduce the charge or penalties. This is where having an experienced Long Beach DUI lawyer really comes into play — an attorney who has handled many DUI cases knows what prosecutors usually do in specific types of DUI cases. He can use this knowledge to request that the prosecutor treat you in the same way. If your lawyer doesn’t usually handle DUI cases, then she will probably lack this knowledge and won’t be able to get your charges or penalties reduced.
Deciding to Go to Trial or Seek A Deal
The decision to go to trial rests solely with you, the defendant. However, your Long Beach DUI attorney will be able to advise you on the best course of action based on the facts of your case. You may have a rock solid defense to the charge, but the prosecutor is unwilling to budge. Your lawyer may be able to file pre-trial motions to have certain evidence excluded from trial, which may change the prosecutor’s stance. Going to trial can be risky, and many clients are simply unwilling to roll the dice with a trial. A plea bargain offers more certainty about the outcome, but it isn’t always advisable if the deal is not a good one. The important thing is to rely on your lawyer’s experience and judgement when making a decision. Attorneys have an ethical duty to represent their client’s best interests, and will be able to advise you based on their knowledge, skill and experience.
The ability to successfully negotiate a plea bargain is one of the main advantages of hiring a seasoned Long Beach DUI lawyer. If you’ve been charged with a DUI, contact the Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation. Attorney Dan E. Chambers can advise you as to the likely outcome of your case, and give you options for how to handle the matter.
