Plea Bargains

The Virginia Law Firm

Two choices usually face anyone arrested for DUI / DWI in Virginia – taking the case to trial or accepting a plea bargain. While there are many compelling reasons to take some cases before a trial by jury, a good plea bargain may be the most favorable outcome in others. Each option carries with it many pros and cons, as an experienced Virginia DUI / DWI criminal defense attorney will tell any accused drunk driver.

When the prosecution has a solid case and it seems the chances of prevailing at trial are particularly slim, plea bargains are a great option for driving while intoxicated defendants. A good plea bargain is a favorable outcome for both the prosecutor and the accused. The prosecutor secures a guilty plea without the burden of taking the case to trial, while the driver receives reduced charges or lesser sentences.

A plea of guilty to driving under the influence with negotiated consequences is a good option in many drunk driving cases. For instance, if the prosecutor is willing to reduce the DUI from a felony to a misdemeanor, it is always an excellent choice for the client. An experienced drunk driving defense lawyer may also be able to work out a plea bargain with reduced punishments to minimize negative consequences in the defendant’s life.

There are several commonly offered plea bargains in Virginia. The first is pleading guilty to the lesser charge of reckless driving, either wet or dry. The punishments associated with reckless driving convictions are less severe than driving under the influence convictions, so an experienced Virginia DUI / DWI attorney will almost always advise an accused drunk driver to accept this deal if it is offered.

Reckless driving convictions typically carry only fines and minimal jail times, although if the driver is convicted of wet reckless driving the court may order the driver to attend alcohol education classes. And while wet reckless driving convictions do count as priors if the driver is arrested a subsequent time for driving under the influence, a dry reckless driving conviction is not priorable, meaning it doesn’t count if an individual is arrested again for drunk driving within ten years. Additional advantages to a reckless driving conviction, wet or dry, are that there are no mandatory license restrictions or SR22 requirements.

Prosecutors with a case that is weaker may offer a plea bargain that allows a driver to plead guilty to exhibition of speed. As with the reckless driving pleas, a conviction of exhibition of speed is less severe than a DUI conviction. A driver who pleads guilty to exhibition of speed must serve up to 90 days in jail, pay a fine or up to $500, or both. More importantly though, it can’t be counted as a prior offense in a subsequent drunk driving arrest, and the filing of an SR22 is not required.

Plea bargains are often the most successful outcomes possible in a driving under the influence case, but the negotiations themselves are complex and should only be handled by an experienced Virginia DUI / DWI criminal defense lawyer. A plea bargain that involves reduced charges and more favorable consequences for a driver after a DUI arrest may be able to be negotiated by an attorney who focuses on drunk driving defense.