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Drivers accused of Driving Under the Influence (DUI) or Driving While Intoxicated (DWI) are often offered plea bargains by prosecutors.  There are many factors that affect whether a offer is made, and how much of a reduction there is in the penalties.  Courts can not possibly try every case that gets charged.  In addition to defendants’ rights to speedy trials, courts do not have the resources to try every case.  The prosecutor can also not afford to try every case.  Therefore, in the interests of judicial economy, many cases get resolved via plea bargains.
Although you may feel that you have a strong case and want to go to trial, an experienced California DUI / DWI criminal defense attorney will be able to explain any weaknesses in your case.  Alternately, your criminal defense attorney will help you with assessing the risks and possible negative outcomes of a conviction at trial.  In most cases,  a plea agreement with negotiated penalties is the best deal for the driver.
Accepting a plea offer from the prosecutor still carries consequences that are serious.  Most often, the driver will be on probation for about three years, during which time, the driver can, for example,  have no measurable amount of alcohol while driving, or submitting to searches upon request by law enforcement.  Accused drunk drivers who accept plea bargains still face court punishment, but the penalties are often greatly reduced when the defendant pleads guilty to a lesser charge.  In some cases, a prosecutor may be willing to reduce a felony to a misdemeanor, which is a favorable outcome for the defendant.
Typically, first, second, and third DUIs are charged as misdemeanors, if the driver was not involved in an accident and no one was hurt.  For a first time DUI in California, the minimum sentence a court may impose is 36 months of informal probation, approximately $1,500 in fines and penalties, participation in a 12-week alcohol program, a 90-day restricted driver’s license imposed by the court, and six months suspended driver’s license imposed by the Department of Motor Vehicles (DMV).
A refusal to take a chemical test, a blood alcohol content (BAC) of .20 percent or greater, driving 20 miles per hour above the speed limit on side streets or 30 mph over the speed limit on the freeway, driving recklessly while under the influence, drunk driving with a minor in the car, and cases involving a traffic accident will increase the penalties.  Drivers who have previous DUIs during the past 10 years, and drivers under 21 also face additional sanctions.
A driver with a second DUI within 10 years faces 10 days in county jail, and an 18- month alcohol program. In addition, the DMV will suspend the driver’s license for two years.  The defendant will be eligible for a restricted license after one year.
A third-time drunk driving defendant will be sentenced to 120 days in county jail and a three year license suspension.  The defendant will be eligible for a restricted license after two years.
Felony DUI pleas include jail time, fines, license suspension and mandatory alcohol education classes.  A felony driver involved in an accident must pay restitution to the victims to be determined at a hearing.
A driver charged with a felony because of a fourth DUI within 10 years faces 180 days in jail, an 18-month alcohol program, and a four year license suspension, with the possibility of a restricted license after three years. The plea also will include fines and probation.
A plea agreement with negotiated minimum penalties is a far better bet for a DUI driver than taking chances with a jury trial.  A qualified lawyer who specializes in drunk driving defense can determine discuss whether a plea bargain with a negotiated minimum penalty is in the driver’s best interests.

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