The answer depends on the facts of your case — and tolerance for risk
In California, there are harsh minimum sentences for driving under the influence (DUI) convictions. If you are found guilty of a DUI, you will likely be sentenced to jail or probation, and may also find yourself doing community service, attending alcohol education classes (DUI school), paying hefty fines and fees, and serving a lengthy license suspension. With such high possible penalties for a conviction, you may find yourself wondering…why not roll the dice and go to trial?
There are many reasons why a person may take a DUI case to trial. In some situations, there may be little choice in the matter, such as if a prosecutor refuses to negotiate a plea bargain. Most of the time, DUI cases settle prior to trial. So when should you go to trial instead of taking a plea bargain?
This is a difficult question to answer, as each case is unique. First, you should consult with your DUI defense lawyer Huntington Beach, CA and get a good sense of the strength of the case against you. How much evidence does the prosecutor have that you committed the offense? Is any of the evidence particularly strong?
Second, talk to your attorney about your defense. Can you attack the prosecution’s case in any way? Many times, if there is a way to undermine the state’s case, this can be used as a way to drive a plea bargain. If the prosecutor won’t agree to a deal, these factors should be considered as part of your overall decision in whether to go to trial.
Third, ask your DUI defense lawyer Huntington Beach, CA about the facts of your case, and typical results for similar cases. If a case like yours almost always results in a conviction, it may not make much sense to spend the time and money to go to trial (not to mention the risk). On the other hand, if your attorney thinks that you have a good shot of being acquitted, then it may be worth the chance of going to trial.
Fourth, realistically think about your own criminal history and how it will affect your chances at trial. Do you have prior DUI convictions? Will other issues arise if you take the stand? These are important considerations.
Fifth, what is your tolerance for risk? Going to trial in any criminal matter means taking a chance that you will be convicted of a crime — even if you believe that you are innocent. You have to be willing to accept that risk if you want to take your case to trial.
Although the decision to go to trial is yours to make, you should consult with your lawyer and get their opinion on the best course of action. Your DUI defense lawyer Huntington Beach, CA can advise you on whether a plea bargain is a better option for you, and if there is a good likelihood of being acquitted at trial.
The Chambers Law Firm represents clients in Huntington Beach and the surrounding areas who have been charged with DUIs and related offenses. We aggressively defend our clients, working to achieve the best possible deal — and taking the case to trial when necessary. To learn more or to schedule a free initial consultation, contact us today at 714-760-4088 or dchambers@clfca.com.
