Feature Article

Plea Bargaining a DUI

When faced with a charge of Driving Under the Influence (“DUI”), clients often ask whether the charge can be negotiated down to a lesser offense. Depending on the facts of the individual case, it is often possible to negotiate a plea agreement to minimize the penalties associated with the charge.

A conviction for DUI will always result in mandatory jail time, fines, and a suspension of driving privileges. These penalties increase considerably with each subsequent DUI conviction. The mandatory minimum jail penalty for a first DUI with a breath or blood test under 0.15 is one day, while the minimum for a first DUI of 0.15 or over is 2 consecutive days. Additionally, any person convicted of DUI will be required to attend alcohol information school, undergo an alcohol assessment, and follow all treatment recommendations.

Oftentimes, a charge of DUI with a breath or blood test of 0.15 or over can be negotiated down to a charge of DUI under 0.15, which automatically reduces the mandatory jail time and the financial penalty. Similarly, if the original charge is DUI under 0.15, it may be possible to negotiate offers for Reckless Driving or Negligent Driving in the First Degree.

A conviction for Reckless Driving carries fewer penalties than a DUI conviction. Reckless Driving requires a minimum 30 day license suspension, but no mandatory minimum jail time or mandatory fine.

A conviction for Negligent Driving in the First Degree does not require a license suspension, mandatory jail time, or a mandatory fine. Additionally, while the previous offenses are all gross misdemeanors, Negligent Driving in the First Degree is a misdemeanor.

Another alternative to pleading to DUI is a Deferred Prosecution, where the defendant is deferred out of the criminal justice system and the case is continued for a period of five years. During the first two years, the defendant must participate in an intensive outpatient treatment program. During the following three years, the defendant is monitored by Probation. At the conclusion of the five year period, if all conditions have been met, the case is dismissed. A Deferred Prosecution is a big time commitment and can be expensive. Additionally, it can only be used once in a lifetime. But in the end, there will be no finding of guilt on the defendant’s record and no jail time will be ordered.

All DUI cases are different, and depending on the facts of the particular case, dismissal at a pretrial hearing or acquittal after a jury trial may be a real possibility. However, for those cases that are not as strong, plea negotiations can considerably reduce the penalties associated with the offense.
 

© 1999 - 2007 Aoki & Sakamoto LLP. All rights reserved.