On the other hand, your case may be one where the State's evidence is admissable and we may decide that a judge or jury trial may be risky.  In such instances, we may be able to negotiate a favorable plea bargain to keep you out of jail or to other minimize the negative consequences of a DUI conviction.

What factors come into play when we negotiate a DUI plea bargain.  There are no published statistics to answer this but DUI defense lawyers around the country generally find similarities in their experiences.

Ohio DUI lawyer Brad Koffel posted a list of the top ten risk factors that hurt his chances at negotiating a plea bargain.  Brad's list is not exhaustive but I agree with him that the more of these factors that apply in your case, the more difficult it will be to negotiate the most favorable terms of a plea bargain.  Here are the factors that attorney Koffel identifies:

1. Car Accidents
2. Blood Tests
3. Breath Tests
4. Urine Tests
5. Video showing an impaired client
6. State patrol hotline calls about our client
7. Client or passenger statements tantamount to confessions of being DUI
8. Rudeness & belligerence towards police officers
9. The county the DUI arrest occurred
10. Prior Convictions for DUI

Rest assured that even if your case seems hopeless, my job as your DUI defense lawyer is to identify each and every weakness of the State's case and to guide you regarding steps you can take to help your chances.

I have found that clients accused of the most serious DUI offenses need representation even more than first time offenders with limited alcohol impairment.  I have yet to see a case where even a repeat offender with several of these risk factors does not have some redeeming character attribute that can help his case.  I therefore urge you not to just give up if the case against you looks bleak.

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Answer:  All DUI's must be disposed of in open Court.  If you do not want to personally appear, you can give me Power of Attorney to handle your plea in your absence, including paying your fine and getting your probation set up.  However, the first DUI sentence often requires the Defendant to serve a minimum of 24 hours in jail, and I will not do that for you.  You'll have to do the jail time.

Answer:  DUI is a criminal offense and will stay on your criminal record forever.  Every DUI you receive throughout your lifetime will be on your record.  I recently represented a gentlemen on his 7th DUI, and all prior 6 offenses were in the 1960's, forty years ago.  For the purposes of sentencing, the law goes back for 5 years.  In other words, if you receive 2 DUI's in the past 5 years, then the sentence will be greater, as required by law.

There are many factors to consider before you decide whether to take your case to trial or enter into plea negotiations.  I will address some of the obvious.  Do you feel that your actions when arrested will cause others to think you are under the influence?  After all, some people are more easily affected by alcohol than others.  Do you think you did well on the field sobriety tests?  If yes, that's good.  Did you take a breath or blood alcohol test?  If so, what was the reading.  The threshold is .08 for over 21, but I have represented clients who scored as low as .02, which is 6 points under the limit.  In that case, the cop was a cowboy and we got the case dismissed and record expunged.  Remember, the arrest is being recorded by video camera and much can be learned about the arrest and whether the cop followed his training when making the decision to arrest for DUI.  The most important thing you can do is employ the services of an experienced DUI attorney.  I have personally been trained in the administration of Field Sobriety Evaluations and know how the cop is supposed to administer the test and the passing/fail threshold on each test. You would be supprised how many times the cops do not follow their training when administering the Field Sobriety Evaluations.  If not done properly, and according to their training, you can get the evidence suppressed and ultimately have the charges dropped or reduced.

Answer: Yes, it is important to know your rights when negotiating a plea, and how you may avoid jail time.  Remember, the Prosecutor and Judge are not there to advise you of  your rights, and they frequently will recommend that you have an attorney to make sure that you are apprised of the consequences of your plea.

–Guy

Yes, lawyers and clients frequently refer cases to us.