Will The Prosecutor Offer A Plea Deal In A DUI Case?
Generally, a prosecutor will not offer a plea deal until right before trial, sometimes a day or two before trial. They’re dealing with 50 to 100 plus cases per week, and you can’t get on their radar until you’re a week out. Usually. I won’t call a prosecutor any more than two weeks out because they haven’t looked at it. For a first-time DUI, they’re going to look at something along the non-adjudication lines, as far as a plea deal. Sometimes I tell my clients to just go to trial as I never discussed plea deals with my clients, because I assume we’re going to trial. I want to find the best possible defense before the plea deals. As far as the second DUI, there’s not much to do as far as a plea deal because the minimum jail time is five days and the maximum jail time at six months, and all you can plea out is the number of days and the fine amount, which can be up to $1,500. You’re going to lose your license for one year and there’s nothing that can be done about that. So, plea deals on, on a DUI generally aren’t favorable to an individual and that’s why I often advise them that trial may be their best option. Ultimately it is the client’s case and they get to tell me what they would like to do. But I love going to trial. That’s why I do DUI work in criminal defense. But as far as a plea deal, I don’t recommend considering playing out from the very beginning, get the facts, get the discovery, review it, make an educated decision before you even discuss plea deals. That way I know I’m fighting and doing the best and not leaving any stone unturned for my clients.