The charge may be offered as part of a plea deal.
Cop Suspecting a Man of Drunk DrivingOne reason to hire an experienced Riverside DUI attorney is the ability of your lawyer to negotiate a favorable deal for your driving under the influence charge. While a reduction in charges isn’t always possible, an aggressive and skillful attorney can often use his or her knowledge to work out a bargain that helps you get the best possible outcome given the circumstances of your case.
There are many potential plea bargains that can be made for DUI cases. These may include wet reckless, dry reckless, exhibition of speed, drunk in public, drinking alcohol in a vehicle, or even a traffic violation. Again, as a Riverside DUI attorney can explain, the ability to have your charge reduced will be based on the facts of your case and whether there are any legal or factual defenses available.
A “drunk in public” — or as it is commonly referred to, public drunkenness — charge is not a common outcome for a DUI. However, it may result from certain DUI cases where the prosecutor can prove that you were drinking, but not necessarily that you were driving. For example, if you were heavily intoxicated and had passed out behind the wheel of your parked car, your Riverside DUI attorney may be able to negotiate a drunk in public charge instead of a DUI, since it would be challenging for the prosecutor to prove that you were actually driving under California law.
To prove that you were “drunk in public,” the prosecutor must demonstrate that you were so intoxicated that you were unable to exercise care for your safety or the safety of others, OR that you interfered with, obstructed or prevented others from using the streets, sidewalks or other public ways. Importantly, if you agree to a drunk in public charge as a reduction from a DUI, the prosecutor will not actually have to prove these elements; you will be pleading guilty to the charge in exchange for your DUI charge being dismissed.
The advantage of being charged with public drunkenness is that it is not a driving-related offense. While it is a misdemeanor, with the possibility of jail time of up to 6 months and fines of up to $1,000, it will not lead to points on your license. It is also not considered a prior offense for purposes of the ten year DUI look back period.
Deciding to take a plea bargain can be a difficult decision, but it is often the right choice for many people charged with a DUI. While a drunk in public charge is still a criminal offense, it is considered more advantageous for most people than a DUI charge. Your Riverside DUI attorney can talk with you about the benefits of a charge reduction such as drunk in public over a DUI, if a plea bargain is available in your case.
At the Chambers Law Firm, we pursue every avenue available to assist our clients in resolving their cases, including plea bargains. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation and learn more about how we can help you.
