What You Need To Know About DUI Conviction and DUI Plea Bargain
A DUI conviction results from charges of driving under influence. Alcohol is not the only substance that can result in a DUI conviction. Driving while intoxicated by chemical substances can be considered illegal as well. This can include both legal and illegal drugs. Test results usually weigh heavily in such cases. Although limits are not generally specified for chemical substances, there are tests that can confirm their presence in a person’s system.
A DUI conviction carries numerous consequences. Penalties are different in every state, but generally, there is a risk of incarceration and probation for a 1st offense and mandatory incarceration for multiple convictions. Fines and the payment of court costs are commonly ordered. It is also likely that a DUI conviction will result in some period of driver’s license suspension.
Every driver arrested on suspicion of DUI / DWI faces an important decision: to take the case to trial or accept a plea bargain.
DUI Plea Bargain
DUI plea bargain is an agreement between a defendant and a prosecutor in a DUI case in which the prosecution agrees to reduce charges or to negotiate a reduced sentence in exchange for a guilty plea. Plea bargain for any type of criminal case should always be discussed with criminal defense attorney to determine whether the deal offered in fact in your favor.
Plea Bargain Prosecution Point
Trying to negotiate a plea bargain if the case is less than ideal. Get a conviction and/or close the case quickly.
Plea Bargain Defense Point
The advantage of accepting a DUI plea bargain is that there is a known outcome. Going to trial may result in a harsher sentence or conviction with more serious terms.
The best possible plea bargain occurs when drinking and driving charges are reduced to traffic violations. The driver pleads guilty to an infraction such as speeding or making an unsafe lane change, and the DUI / DWI charge is dropped.
Can You Plead to a Lesser Offense Than DUI in Florida?
In some circumstances, a plea bargain of “wet reckless” might be accepted by the prosecution in Florida. A “wet reckless,” or a conviction of reckless driving involving alcohol, is usually made as a result of a plea bargain in which a charge of drunk driving is reduced to a case of reckless driving. A plea bargain of wet reckless might occur when the amount of alcohol is borderline illegal, there was no accident, and the defendant has no prior record. But if there is a subsequent drunk driving conviction, the “wet reckless” is usually considered a prior drunk driving conviction; the resulting sentence can be what’s required for a second DUI/DWI conviction (source)
West Palm Beach DUI/DWI Attorney
The most important thing in DUI/DWI cases is early intervention by your attorney. This preliminary involvement will help you avoid the consequences of a conviction, which are very serious in Florida. We will also represent you at your hearing before the Florida Department of Motor Vehicles in order to protect your right to drive.
In addition to DUI/DWI charges, we represent clients in DUI accident cases, including:
- Leaving the scene of accident with severe bodily injury
- DUI/DWI severe bodily injury
- DUI/DWI homicide
- DUI/DWI manslaughter
There are defenses in DUI accident cases, which an experienced and capable lawyer can use. Even if you made a statement to police during your arrest, our lawyers can usually get that evidence thrown out of court. Any statement you give officers cannot be used against you due to the Florida accident report privilege.
Protecting your right to drive
Unless your request a DMV hearing
within 10 days of arrest, you will lose your driver’s license. Even if
your license is revoked, we can apply for a hardship license, which is
usually immediately granted to you. We have never had a hardship license
denied to one of our clients.
Free consultation 24/7: Call West Palm Beach criminal defense lawyer Andrew D. Stine, P.A. at (561) 832-1170. Se habla español.