Can I Enter a Plea Bargain for My DUI Case?

If you have recently been arrested on suspicion of driving under the influence (DUI) of drugs or alcohol, you must retain legal representation immediately. After hearing your side of the story in your initial consultation, one of our lawyers may advise you to try negotiating a plea bargain with a prosecutor sooner than entering into trial proceedings. With that said, please follow along to find out whether you can enter a plea bargain for your DUI case and how one of the proficient Clarksville DUI lawyers at Fendley and Birch can help you navigate this highly sensitive time.

Can I enter a plea bargain for my DUI charge?

In the state of Tennessee, a defendant of a DUI case may first attempt to negotiate a plea bargain with a prosecutor. This may be in an attempt to reduce the charge to reckless driving or reckless endangerment. In turn, a reduced charge leads to a reduced level of punishment. This is all while evading criminal trial proceedings.

Now, you must understand that a prosecutor must offer their willingness to enter a plea bargain. They may feel more inclined to negotiate a deal if this will be your first-offense DUI, if you did not hurt anyone or damage anyone’s property as a result, and if you have since shown remorse and taken active steps toward bettering yourself.

Even more so, they may be willing to settle if, upon further investigation, they find that their argument against you may be deemed weak in front of the Tennessee criminal court. This may be especially true if they find that they improperly administered a breathalyzer test, wrongly conducted field sobriety tests, or otherwise incorrectly abided by legal protocols during your traffic stop.

What happens if my negotiation attempt is unsuccessful?

Importantly, even if a prosecutor offers you a plea deal, the Tennessee criminal judge holds the right to accept it or reject it. For example, they may deny it if they believe the reduced charge and sentence is inappropriate given the severity of your offense. In this scenario, you may have one of two options: re-negotiate with a prosecutor or submit to criminal trial proceedings.

For the former, you and your attorney may sit down with a prosecutor once more. But if you believe the newly proposed charge and sentence is too much to agree to, you may skip to entering trial. Here, you may be able to present evidence that better proves why a reduced charge and sentence is actually fitting given the extenuating circumstances surrounding your incident, traffic stop, and arrest.

Better yet, you may even want to plead not guilty at the beginning of your trial. This is possible even after attempting a plea bargain because this was simply a negotiation, not a binding agreement. So, even though you initially pled guilty to a lesser charge, you may change your stance if it is ultimately rejected or you simply disagree with its proposed terms.

And so, if you are ready to get started on your legal defense, now is a better time than ever to contact one of the talented Montgomery County criminal defense lawyers. Fendley and Birch are here to help.