Facing a DUI charge in Colorado is no joke. It’s common for a lot of defendants to find themselves considering a DUI plea bargain. This legal strategy can offer significant benefits, but you’re best served understanding the process and potential outcomes before making any decisions.
An experienced DUI defense lawyer can guide you through the different plea agreement options and teach you effective negotiation strategies.
What Is a Plea Bargain?
A plea bargain is an agreement between the defendant and the prosecution, where the defendant agrees to plead guilty to a lesser charge or to the original charge with reduced penalties.
Types of DUI Plea Bargains in Colorado
When it comes to plea bargains for DUI in Colorado, there are several common options:
1. Wet Reckless
A “wet reckless” plea bargain involves pleading guilty to reckless driving with alcohol involved. This can be an attractive option because:
- It carries less severe penalties than a DUI conviction
- It may not trigger mandatory license suspension
- Insurance rates may not increase as much as with a DUI
However, it’s important to note that a wet reckless plea still counts as a prior DUI offense if you’re arrested for DUI again in the future.
2. Dry Reckless
Similar to a wet reckless, but without the alcohol component. This can be even more beneficial because:
- It doesn’t count as a prior DUI offense
- Insurance implications are less severe
- There’s no mandatory alcohol education program
Prosecutors are less likely to offer this plea bargain unless the evidence against the defendant is weak.
3. Reduced BAC Level
In some cases, the prosecution may agree to reduce the charges from a DUI to a DWAI (Driving While Ability Impaired). This occurs when:
- The defendant’s BAC was close to the legal limit
- There are issues with the breathalyzer or blood test results
- The arresting officer’s conduct is questionable
4. Deferred Judgment
A deferred judgment allows the defendant to plead guilty, but the court doesn’t enter the conviction. Instead, the defendant is placed on probation. If they successfully complete the probation terms, the case is dismissed.
Benefits of a deferred judgment include:
- Avoiding a permanent criminal record
- Potentially maintaining driving privileges
- Opportunity for case dismissal
Now that we’ve identified the types of plea bargains commonly adjudicated, let’s examine some of the common factors that influence DUI plea bargaining in the state.
Factors Influencing Plea Bargains for DUI in Colorado
The likelihood of obtaining a favorable plea bargain in a DUI case depends on several factors.
The strength of the prosecution’s evidence plays a critical role; if they have compelling proof such as a high BAC, failed field sobriety tests, or video footage, they aren’t going to be so willing to offer you a favorable deal.
Prior offenses also impact negotiations, with first-time offenders generally receiving more lenient treatment than repeat offenders. The level of BAC is another significant consideration, as higher levels typically result in less generous plea offers. Then there are the aggravating factors like accidents, injuries, or the presence of a minor in the vehicle, which can all complicate plea bargain attempts.
Finally, the quality of legal representation you choose will greatly influence the outcome. An experienced DUI attorney has the skills, connections, & track record to negotiate more favorable terms for their client, do yourself a favor and don’t choose your legal counsel based on price.
The Plea Bargaining Process
Understanding the steps involved in securing a DUI plea bargain can help defendants navigate the process more effectively, with or without retaining an attorney.
The plea bargaining process typically involves several key steps. First, your attorney will conduct a case evaluation of your situation, reviewing the evidence and assessing the strength of the prosecution’s case.
Next, your lawyer will initiate negotiations with the prosecutor to discuss potential plea options. This may lead to a series of counteroffers as both sides work to reach mutually acceptable terms.
Once a proposed plea deal is agreed to and on the table, your attorney will consult with you, presenting the details for your consideration. At this point, you must decide whether to accept the plea bargain or proceed to trial.
If you choose to accept the plea, the final step involves court approval, where the judge must review and approve the agreement in court.
Pros and Cons of Accepting a Plea Bargain for DUI
Before deciding on a DUI plea bargain, let’s weigh the advantages and disadvantages of doing so:
Pros:
- Reduced penalties and fines
- Avoiding the stress and uncertainty of a trial
- Potential to keep your driving privileges
- Possibility of a lesser charge on your record
Cons:
- Admitting guilt to a criminal offense
- Potential long-term consequences (e.g., employment, housing)
- Limited ability to appeal the conviction
- Possible impact on future legal proceedings
Alternative Options to Plea Bargaining
While plea bargains for DUI are common, they’re not the only option. Alternatives are available, depending on the specific circumstances.
Going to trial can be a viable strategy if the evidence against you is weak, or if there were procedural errors you uncover or identify during your arrest.
Some jurisdictions offer pre-trial diversion programs, which allow defendants to complete education and treatment in exchange for having their case dismissed.
Another potential approach is filing a motion to suppress evidence, which challenges the legality of the traffic stop or the accuracy of blood alcohol content tests. This strategy can sometimes lead to complete dismissal of the case.
The Role of Legal Representation in DUI Plea Bargaining
Having an experienced DUI attorney can significantly impact the outcome of your case.
A skilled defense attorney can analyze and identify potential weaknesses in the prosecution’s arguments, which may be leveraged to your advantage.
Your lawyer can also negotiate with prosecutors to secure more favorable plea terms if that becomes necessary. They can offer valuable advice on the consequences of accepting a plea deal, helping you make a more informed decision that could impact your life long-term.
Finally, they will represent your interests in court, advocating on your behalf throughout the legal proceedings. When selecting an attorney, look for someone with a track record of successful DUI plea bargain negotiations in the jurisdiction where your offense took place.
Making an Informed Decision
Navigating the world of DUI plea bargains in Colorado can be complex and overwhelming. While plea bargains can offer significant advantages, they’re not always the best choice for every defendant.
By understanding the types of plea bargains available, the factors that influence them, and the potential long-term consequences, you can make a more informed decision about your case. Every DUI case is unique, what works for one person may not be the best option for another.
Ultimately, whether you choose to accept a plea bargain or fight the charges in court, the goal is to minimize the impact of a DUI charge on your life and future. With the right approach and legal guidance, you can navigate this challenging situation and work towards the best possible outcome.
