Will a DUI Prosecutor Offer a Deal?
Compromise is defined as a settlement of differences by arbitration or by consent reached by mutual concessions. The prosecution and the police believe you drove under the influence or they would not be pursuing the prosecution against you.
Sometimes, the middle ground of accepting a guilty or nolo contendere plea against you for some lesser offense than DUI-DWI satisfies the need of the prosecutor and police that you have learned your lesson. This means you will have a record of conviction, and you will face some penalty, even if the punishment will likely be much less than what you faced for a DUI-DWI conviction.
Many times, the most difficult mental battle is for you to accept the condition of a proposed compromise. You may have to make decisions that are not totally satisfying to you, but may be best for your family and your job outlook. You may face a decision where your desire for a complete exoneration at trial is outweighed by the certainty of a compromise plea arrangement that assures damage control for your future.
A number of factors go into these decisions. The facts of your case, the expense you face to continue the fight, the ramifications of any criminal offenses on your record (even if less serious than a DUI-DWI), your attorney’s experience with your court, the competence level of your prosecutor, the credibility of your arresting officer, all must be weighed and considered by you (with your attorney’s guidance) in deciding whether or not to accept a compromise.
Deal or No Deal? – It’s Your Call
In the end, no “deal” may be available to you. This may be the situation because the evidence against you is strong, because the prosecutor is legally prohibited from reducing a DUI-DWI (or does not want to deal), or as a result of the facts of your case being so favorable that you want to take your chances for a total win. If you have any prior history (such as a prior alcohol or drug related arrest), prosecutors often refuse to offer much of a deal. In such instances, you can either plead guilty to the DUI-DWI offense or roll the dice with your jury (or judge) at trial.
In the end, the final decision is yours to make. Your attorney can only explain the options and possibly explain the odds of winning. The best DUI-DWI attorneys are experts at explaining to you the repercussions and benefits of any decision at any point in your case, but the ultimate decision is yours and yours alone. Once you make your decision, move forward with a positive attitude and do not second-guess your decision.