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Should I Plea Bargain a DUI Case?

  • Published: April 26, 2019
  • Categories: DUI
Should I Plea Bargain a DUI Case?

When you have been arrested for Driving Under the Influence (DUI), it can be stressful to think about the implications of this offense.  The prospect of expensive fines, losing your driver’s license, and facing possible jail time can overwhelming.  As your case progresses, the prosecution may make an offer which carries fewer penalties than the maximum allowed.   Although this opportunity could be tempting, it may not be in your best interest to accept the terms. Here are some issues to consider when deciding whether you should accept a plea bargain rather than fight your DUI case.

You Need an Experienced DUI Attorney

When it comes to evaluating a prosecutor’s plea bargain offer, you are going to be at a significant disadvantage without the advice of a seasoned DUI attorney.   Your counsel will be able to properly evaluate the proposal and the evidence against you and make a reasoned assessment of whether acceptance is in your best interest.

A Plea Offer Could be a Sign of a Weak Case

Nevada law favors prosecuting DUI offenders, and for this reason, there are very limited circumstances under which a prosecutor can dismiss this kind of offense. By the same token, prosecutors are unlikely to be willing to offer a plea bargain for lesser charges unless a case is problematic.  If a prosecutor offers reduced charges and penalties it could be that he or she recognized a fundamental weakness.  Your attorney will be able to identify and emphasize these and other flaws in your case and help you decide what to do next.

The Evidence May be Susceptible to Attack

Another reason you need an experienced DUI attorney is that your counsel will be able to identify multiple places in the case against you where the police may have committed errors.  For instance, the officer may not have had reasonable suspicion to stop your vehicle or probable cause to arrest you.  Further, any sample you may have provided may have been mishandled or contaminated.  Your counsel will know what questions to ask and how to get the information needed to challenge the evidence against you.

Evaluating the Advantages and Disadvantages

Ultimately, deciding whether to accept a plea bargain involves a comprehensive and complicated analysis of the benefits and drawbacks of the decision.  For instance, in some cases, the offer may mean reducing a DUI to a lesser offense and retaining your driver’s license. In others, the advantages may be less pronounced.  Your counsel can help you consider the different aspects of your situation and make informed decisions.

Contact an experienced Nevada DUI attorney

If you’ve been arrested for a DUI, having the right attorney to guide you is critical.  At the Law Office of Darren Weiss, our attorneys will work hard to get you the best possible outcome. Contact us today to schedule your consultation.

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Darren Weiss

Darren has spent his career developing his legal skills and
knowledge of the law and has handled thousands of cases
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