If you are charged with DUI – driving under the influence – in or near Colorado Springs, speak at once with Colorado Springs DUI attorney John Joyner at Joyner Law. A DUI conviction can put your driving privilege, your finances, and even your freedom at risk.
If you are charged with DUI, you may wonder if your DUI charge can be reduced or if you will be offered a plea bargain. Each DUI is different, but a DUI charge can sometimes be reduced to a lesser charge of DWAI (driving while ability impaired) or even a deferred sentence with the possibility of dismissal.
Many people charged with a DUI wonder if their case can be reduced to “wet reckless” plea, the equivalent of reckless driving. While not completely unheard of, a wet reckless plea dealis not often given because these pleas require the prosecutor to truthfully tell the judge that they are unable to prove up a DUI or DWAI charge.
A Colorado prosecutor will not offer a plea bargain out of compassion or sympathy. In DUI cases, plea bargains often come down to showing that the state’s evidence is insufficient to guarantee a conviction.
What Does It Take to Obtain a Plea Bargain in a DUI Case?
Who can receive a plea bargain offer in a Colorado DUI case? Here are some things an attorney may present to the prosecution on your behalf when negotiating a plea offer:
- You have no previous DUI or DWAI (driving while ability impaired) convictions.
- You cooperated fully with the arresting officer and did not refuse to be tested.
- There was no accident, no property damage, and no one was injured.
- No other charges were involved.
However, satisfying these requirements does not guarantee that you will be offered a favorable plea deal. Your attorney may have to point out weaknesses in the State’s case to negotiate a better deal. Your attorney can argue things like:
- The evidence against you is weak, confused, and/or inconsistent.
- There are questions about the reliability or administration of your breath or blood test.
- There are questions about probable cause and the legality of the traffic stop.
Should You Plead Guilty?
If you are offered a plea bargain in your case, go through the details of the offer with your DUI attorney. If the state’s driving under the influence case against you is weak, your attorney may recommend taking the case to trial rather than accepting a plea bargain.
If you are offered a plea bargain in your driving under the influence case, should you accept it? Every Colorado DUI case is different, so you’ll need the personalized advice that Colorado Springs DUI lawyer John Joyner provides.
What Else Should You Know About Plea Bargains?
This cannot be stressed strongly enough: If you are charged with driving under the influence, you must be advised and represented by a criminal defense attorney who has abundant experience successfully representing clients who are charged with DUI.
Do not agree to a “deal” or a plea bargain unless and until your DUI attorney recommends it. And – this is vital – don’t attempt to negotiate a plea deal for yourself. Instead, let attorney John Joyner put his experience and training to work for you.
If you are placed under arrest and charged with driving under the influence in or near Colorado Springs – or anywhere else in this state – immediately schedule your first legal consultation with Colorado Springs DUI attorney John Joyner at Joyner Law by calling 719-548-4750.