The decision depends on a number of factors, including the type of charge and the amount of evidence against you.
If you have been charged with a DUI, you may have suddenly become aware of a lot of the intricacies of California’s driving under the influence law. You have likely learned about the range of consequences for DUIs, such as a license suspension, fines and fees, community service, mandatory DUI school — and potential jail time. So when your Santa Ana DUI defense lawyer comes to you to say that the prosecution is offering a plea deal, you may be tempted. What should you do?
There is no one-size-fits-all answer to this question. There are many factors that should be considered when deciding to fight a DUI charge or take a plea deal. In particular, the strength of the prosecution’s evidence against you should be a primary consideration. A seasoned Santa Ana DUI defense lawyer can help you decide whether you should take a deal or take your case to trial.
In California, it is against the law to drive with a blood alcohol concentration (BAC) of .08% or higher — or lower, if you are under the age of 21, driving a commercial vehicle, or currently on DUI probation. If you are arrested on suspicion of driving under the influence, you will be required to submit to a chemical blood or breath test. If this test shows that you were driving while under the influence — for example, if it showed your BAC was .10% shortly after your arrest — it is strong evidence against you. That may weigh in favor of accepting a plea deal.
However, even if there is substantial evidence that you may have been driving under the influence, an aggressive Santa Ana DUI defense lawyer can often put together strong factual and legal defenses to a DUI charge. There are many factors that may lead to a false positive DUI test, such as medical conditions like diabetes. In addition, the police may have violated procedure or California regulations when collecting your blood or breath sample. In that situation, your Santa Ana DUI defense lawyer may be able to have that evidence suppressed, which means that it cannot be used in court. That would give you a stronger chance of prevailing in court.
If the prosecutor’s evidence against you is not as strong — for example, if your BAC was closer to .08%, or if the only evidence that the prosecution has against you is that the arresting officer said that you seemed impaired, your attorney may advise you to take your case to trial. In these situations, it is advisable to rely on the experience of your Santa Ana DUI defense lawyer. He or she will have a good idea of the types of defenses that will work with jurors, and whether you will be able to prevail at trial. Your lawyer will also be able to counsel you about whether a plea bargain is a good “deal” — and if you are better off accepting it than risking trial.
It can be hard to know what to do if you are facing DUI charges. The Chambers Law Firm can help. Attorney Dan E. Chambers has experience as both a prosecutor and a defense attorney. He puts his knowledge to use on behalf of his clients. To learn more or to schedule a free initial consultation, contact our office today at 714-760-4088 or dchambers@clfca.com.
