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

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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. 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 Etson can lay out your legal options.

What is a plea bargain and how does it work?

Before anything else, you must understand what entering a plea bargain entails. Essentially, 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. This comes with the added benefit of avoiding the cost of an extensive trial and the uncertainty of its outcome.

For example, in your plea bargain for your DUI case, you may plead guilty to reckless driving. If all goes well, you may only be subject to, at most, a $500 fine and six months of jail time. But if you forgo plea bargaining and are instead charged with a first-degree DUI in trial, you may face a fine of up to $1,500; jail time of up to 11 months and 29 days; a license suspension of up to 1 year; and mandatory attendance at an alcohol and drug treatment program.

Is it difficult to get a plea bargain for my DUI case 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.

That is, this may not be as desirable if you realize that you have weaker evidence compared to that of the prosecuting team. Specifically, you may discover that the prosecuting team has hard evidence that proves their reasonable suspicion or probable cause to make the traffic stop in the first place. Or, you may find that they have legitimate evidence of their legally conducted breathalyzer and field sobriety tests. This is because, in this case, the prosecuting team may not even reduce your DUI charge. All the while, you may have already waived your right to a trial and an appeal.

In conclusion, you cannot enter your criminal case proceedings without being legally represented by one of the talented Montgomery County criminal defense lawyers. Contact our office, Fendley and Etson, today.