Like the vast majority of criminal matters, few DUI cases end with a trial. More typically, a plea agreement will be reached between the district attorney assigned to your case and your Los Angeles DUI attorney. Whether or not it is wise to opt for such an agreement will depend on the specific facts and individual circumstances of your situation.

Basic Factors

Not all DUI arrests are the same. An evaluation of how strong the prosecutor’s evidence against you is the primary issue in determining your options. A second factor involves an understanding of what is at stake. A DUI conviction or guilty plea will almost certainly result in the loss of your driver’s license for some period and heavy fines, but what else? For example, are you a commercial drive who will not be able to make a living? Are there aggravating circumstances such as an injury accident or is this a second or third DUI charge? Is vindication at trial your only viable option?

And finally, your risk tolerance will come into play. Can you take the stress and uncertainty of a courtroom decision, or is the known quantity of a plea bargain the best approach for you?

Forms of Plea Bargains

Although some individual courts in Orange County and Los Angeles have limitations on DUI plea agreements, for the most part there are two potential types:

• A sentence reduction, in which you plead guilty to the DUI charge against you but agree to penalties less than the statutory maximum a judge could impose if the case went to trial.
• A charge reduction, whereby you plead guilty to a different charge than was originally filed against you.

Common Charge Reduction Options

The goal of reducing the charges against you is to lessen the penalties and perhaps plead to a non-DUI offense. For example:

• Wet reckless; under VC 23101 and VC 23103.5, this is a plea to a reckless driving conviction with the specification that alcohol was involved in the arrest.       The benefit of a wet reckless is lower fines, less of a possibility of jail time and no mandatory license suspension from the court. However, you still have to contend with the DMV’s hearing regarding your license, and a wet reckless still counts as a DUI prior if you have another DUI conviction within 10 years.
• Dry reckless; under VC 23103, a dry reckless is a reckless driving misdemeanor conviction with no mention of alcohol, and is not a DUI conviction.

Discuss your case with an experienced Los Angeles DUI attorney to see if the circumstances in your case may support a plea bargain option.