Plea Bargains

As a DUI defense attorney, I have learned that one of the most puzzling issues for those accused of DUI in Western Washington is what kind of plea bargains are available to them. The answer will largely depend on the circumstances of the case, your lawyer, and the prosecutor involved.

Insufficient Evidence May Motivate a Plea Bargain

If the prosecutor thinks a key piece of evidence will not be admitted in court, he/she may want to cut a deal that will allow an accused to avoid a DUI conviction. When this happens, the accused may be offered a plea to a lesser charge, including reckless driving or negligent driving in the first degree.

One of the key pieces of evidence that is often challenged is the breath test. An experienced DUI attorney can challenge the accuracy and reliability of the DataMaster, which is the breath testing device used in police stations throughout the State of Washington.

Convenience May Motivate a Plea Bargain

Other motivations for plea bargaining in DUI cases are heavy trial schedules of prosecutors, the motivation to see an accused in alcohol or drug treatment, or the unwillingness of, or unavailability of, witnesses to testify. If the officer that arrested the accused for DUI was set to retire the next week and is moving to Mexico, the accused stands a substantial chance of getting a good (if not great) deal.

Reasons a Prosecutor May Be Unwilling to Offer a Plea Bargain

Some prosecutors' offices refuse to negotiate deals in some DUI cases because they are new lawyers and want the jury trial experience they will gain by taking your DUI case to trial. While a jury trial is a defendant's right in Washington State, some prosecutors are now demanding a jury trial even if the defense wants a judge to decide the case.

If the prosecutor thinks that there is a good chance of winning a conviction at trial, he/she is not likely to cut a deal. Therefore, sometimes it is advantageous to go through motions hearings (which determine whether key pieces of evidence will be allowed to be used against you at trial). If you win the motions, then good plea bargains often materialize.

A veteran DUI lawyer will be able to give the accused a better idea of what kind of bargain might be reached. It is critical at every stage of a DUI case to have experienced representation.

At the Law Office of Peter J. Peaquin, DUI attorney, we are available to help with any DUI matter, including drunk driving, driving under the influence of drugs, or underage drinking and driving. Please contact us today for a free consultation.

At my Seattle-based law firm, Peter J. Peaquin, Attorney at Law, I concentrate solely on Washington state DUI defense for individuals throughout the Western Washington and Puget Sound areas, including the locales of King County, Snohomish County, and Pierce County and Bellevue, Everett, Tacoma, Everett, Lynnwood, Mukilteo, Bothell, Redmond, Kirkland, Mercer Island, Issaquah, Burien, Renton, Seatac, Tukwila, Kent, Des Moines, Auburn, Federal Way, Lakewood, Puyallup, Bremerton, and Bainbridge Island, please contact us today for a free consultation.