Can I Plea Bargain a DUI Charge To a Lesser Offense?
Plea bargaining is a common legal strategy used in DUI cases to reduce charges or penalties in exchange for a guilty or no-contest plea. By negotiating a fair plea deal, defendants can avoid the costs of a trial, mitigate the consequences of a DUI conviction, and, in some cases, keep their driver’s license. However, the outcome of a plea bargain depends heavily on the strength of the prosecution’s case and the negotiation skills of the defense attorney.
Call our law firm today to schedule a free consultation at 405-591-3935.
What Are Plea Bargains?
A plea bargain is an agreement between the prosecuting attorney and the defendant. It typically involves reducing the severity of the charge or the penalties associated with it in return for the defendant pleading guilty or no contest. In DUI cases, plea bargains can result in reduced fines, jail time, or license suspension periods. While judges have the authority to reject plea deals, they rarely do so if both parties agree to the terms.
Common DUI Plea Bargains in Oklahoma
DUI plea bargains generally fall into two categories: charge reductions and sentence reductions.
Charge Reductions
Reducing a DUI charge to a lesser offense often results in lighter penalties. Some common charge reductions include:
- Reckless Driving (Wet Reckless): A charge that acknowledges reckless driving under the influence of alcohol but carries lower penalties than a DUI conviction.
- Reckless Driving (Dry Reckless): A reckless driving charge without alcohol involvement, leading to lower fines and jail time.
- Drunk and Disorderly: A minor charge with fines ranging from $10 to $100 and up to 30 days in jail.
- Open Container Violation: A charge for possessing an open alcoholic beverage in a vehicle, which is less severe than a DUI.
- Traffic Infractions: In some cases, a DUI charge may be reduced to a non-criminal traffic violation, such as speeding or running a red light, which avoids a criminal record.
A first-time offender or a case with weak evidence is more likely to receive a charge reduction. However, prior DUI convictions make it more difficult to secure a non-criminal plea deal.
Sentence Reductions
If charge reduction is not an option, negotiating a lighter sentence can be beneficial. A sentence reduction means the defendant pleads guilty to DUI but receives lesser penalties, such as:
- No jail time
- Reduced fines
- No mandatory license suspension
- Avoiding DUI school
Sentence reductions are more common for first-time offenders, while repeat offenders may face stricter penalties.
Benefits of Plea Bargaining a DUI Charge
Reducing a DUI charge through a plea bargain offers several advantages:
- No mandatory driver’s license suspension
- Minimal or no jail time
- Lower fines and court costs
- Avoiding DUI school requirements
- No increase in insurance premiums
- No criminal record in some cases
- Less social stigma than a DUI conviction
A well-negotiated plea bargain can significantly minimize the long-term consequences of a DUI charge.
Drawbacks of Plea Bargaining
While plea bargains offer numerous benefits, there are also disadvantages to consider:
- You must plead guilty: Accepting a plea deal means forfeiting your right to a trial.
- No chance of appeal: Once you accept a plea deal, you cannot appeal the case later.
- Potential criminal record: Depending on the charge, you may still have a record that affects employment, housing, and background checks.
- Impact on future offenses: A reckless driving conviction, for example, may still count as a prior offense in subsequent DUI cases.
getting the best plea deal
To secure the most favorable plea bargain, it is crucial to work with an experienced attorney. A skilled lawyer will:
- Assess the strength of the prosecution’s case
- Challenge the validity of breathalyzer and field sobriety tests
- Investigate procedural errors or constitutional violations
- Negotiate aggressively with the prosecution
- Aim for case dismissal before considering a plea deal
Cannon & Associates can help
Plea bargaining is a valuable legal tool for mitigating the impact of a DUI charge. Whether seeking a charge or sentence reduction, a strong legal defense is essential to achieving the best possible outcome. Hiring an experienced attorney ensures that your rights are protected and increases your chances of securing a favorable plea agreement.
Our lawyers will investigate your case, assess the arrest records, figure out a strong defense strategy, and negotiate to get your charges reduced or dropped completely. When it comes to negotiation, we have years of experience behind us. Our top priority is ensuring that your future is not affected by a criminal conviction, and we will do everything in our power to prevent this. Call our law firm for a free consultation at 405-591-3935.
