Is it Difficult to Get a Plea Bargain for a DUI?

You may have never expected to find yourself in a position where you are a defendant awaiting criminal court trial proceedings. Unfortunately, this may become your reality if you are ever pulled over and arrested on suspicion of driving under the influence (DUI) of drugs or alcohol. Namely, this may be one simple solution to avoid this altogether, and that is a plea bargain. This essentially allows you to plead guilty to the charges in exchange for a reduced sentence or lesser charges. Follow along to find out whether it is difficult to get a plea bargain for your DUI case and how one of the proficient Clarksville DUI lawyers at Fendley and Birch can lay out your legal options.

What Is A Plea Bargain And How Does It Work?

A plea bargain is an arrangement between you (i.e., the defendant) and the prosecuting team. Here, you may plead guilty to a lesser charge in exchange for a lesser criminal sentence or an agreement to drop it altogether. For example, if you are charged with a DUI, you may be able to plead guilty to:

• A reduced charge (like reckless driving), OR
• A less severe DUI count

In exchange for your plea, the prosecution may:

• Reduce your sentence and penalties
• Drop certain aggravating factors
• Avoid a trial

It’s important to understand that no two plea bargains are the same, and the outcomes will depend on the facts.

What Are the Penalties You May Avoid by Accepting a Plea Deal?

The consequences of a DUI in Tennessee, even a first offense, can be incredibly severe and have a lasting impact on your life. While accepting a plea deal means that you plead guilty to the charges against you, you may find that the penalties you can face are less severe.

Potential First-Offense DUI Penalties

Generally, a first offense DUI in Tennessee under TN Code § 55-10-402 carries the following penalties:

• Up to one year in jail
• Up to $1,500 in fines
• A suspended driver’s license for one year
• Mandatory participation in a drug or alcohol treatment program
• Potential installation of an ignition interlock device

Potential Reduced Penalties After a Plea Deal

As such, accepting a reduced plea may result in:

• Lower fines
• A reduced jail sentence
• Less severe license penalties

When Are Prosecutors More Likely to Offer a DUI Plea Deal?

When you are charged with a DUI in Tennessee, you’ll find that prosecutors are more likely to negotiate a plea deal under the following circumstances:

• The case involves a first-offense DUI
• There were no injuries
• There was no property damage
• The defendant:
  • Exhibited remorse
  • Completes a substance education course
  • Voluntarily seeks treatment

The prosecution may be more likely to negotiate a plea deal when the evidence the state will present at trial is weak or poses vulnerabilities.

What Evidence Can Strengthen Your DUI Negotiation Position?

Under certain circumstances, you’ll find that you may have leverage to negotiate a plea deal if there are issues with:

• A lack of probable cause for the traffic stop
• Improper administration of field sobriety tests
• Defective or uncalibrated breath tests
• Improper handling of evidence through the chain of custody
• Procedural errors in documents

If the prosecution anticipates issues in proving certain elements at trial, they may be more willing to try and negotiate a plea deal.

When Might a DUI Plea Bargain Be Difficult to Obtain in Tennessee?

It is not necessarily difficult to achieve a successful plea bargain for your DUI case. However, it is strongly encouraged that you only pursue this legal avenue if you have a well-equipped case against the prosecuting team.

A plea bargain may be difficult to obtain when:

• You have prior DUI convictions on your record
• Someone sustained injuries
• Significant property damage occurred
• Your BAC was extremely elevated
• There are multiple aggravating factors
• Evidence supports a conviction

Can a Judge Reject a DUI Plea Agreement in Tennessee?

It’s important to understand that, while the prosecution is responsible for pursuing charges, the judge assigned to your case reserves the right to accept or reject any proposed plea deal. As such, you may find that a judge rejects the deal if:

• The proposed penalties are too lenient
• The facts of the case support aggravating circumstances

In the event a judge rejects the plea, you may:

• Attempt to renegotiate the terms of the agreement
• Proceed to trial

It’s necessary to understand that a prior acceptance of a plea bargain does not mean you are obligated to accept guilt at trial.

Should You Accept a Plea Deal or Go to Trial?

If you are facing charges and the prosecution offers a plea deal, it is imperative to understand that you should not, under any circumstances, accept the deal without first consulting an experienced attorney. They can assess the terms and conditions to ensure they represent your best interests.

Benefits and Risks of Accepting a Plea Deal

By accepting a plea deal:

• You have more certainty about the outcome of your case
• There is a faster resolution of your case
• You can reduce the penalties you have

However, you’ll also find that:

• You waive the right to a jury trial
• You waive your right to appeal
• You admit guilt

Work With an Experienced DUI Attorney

In conclusion, you cannot enter your criminal case proceedings without being legally represented by one of the talented Montgomery County criminal defense lawyers with Fendley and Birch. If you are facing charges, contact our office to discuss the circumstances of your case and learn how we can represent you during these difficult times.