A Key West DUI Defense Lawyer Answers Your Questions About Pleading Guilty to Lesser Charges After a Drunk Driving Arrest
Your heart races as you see the flashing lights in your car mirror. As the officer approaches, you wonder if there's any way to avoid the life-altering impact of a DUI conviction. While every case is unique, it is possible to plead guilty to a lesser charge in some drunk driving cases. An experienced Key West DUI defense lawyer at the Law Offices of Robert David Malove will thoroughly review all of your options with you and guide you through your defense.
What Are Lesser Charges in DUI Cases?
Depending on the circumstances of your case, your defense lawyer may consider plea bargaining with prosecutors to get your drunk driving charge changed to:
- Reckless driving. In Florida, reckless driving is defined as driving with willful or wanton disregard for the safety of persons or property. This charge carries less severe penalties than a DUI, typically including fines of up to $500 and up to 90 days in jail for a first offense.
- Driving with an open container. Florida law prohibits possessing an open container of alcohol in a vehicle, whether the vehicle is in motion or not. While still a criminal violation, this charge is less severe than a DUI, typically resulting in a fine and points on your license.
- Careless driving. Under Florida law, careless driving is operating a vehicle without due care and attention. It is not a crime; instead, it is a civil offense that may result in fines and points on your license but no criminal record.
In some cases, your DUI defense lawyer may suggest other plea bargain options.
When Is Pleading to a Lesser Charge Possible?
Pleading to a lesser charge isn't guaranteed in every drunk driving case. Several factors can influence whether this option is available to you:
- Lower Blood Alcohol Content (BAC). If your BAC was only slightly over the legal limit, you may have a better chance of negotiating a lesser charge.
- No prior offenses. Prosecutors may be more willing to consider a lesser charge for first-time offenders.
- Lack of aggravating factors. If there was no accident, injury, or other complicating factors, pleading guilty to a lesser charge might be more feasible.
- Procedural issues. If there were problems with how evidence was collected or how your arrest was conducted, it could strengthen your position for negotiating a lesser charge.
Your Key West DUI defense lawyer can evaluate these and other factors to determine the best strategy for your case.
What Are the Benefits of Pleading a Less Severe Charge?
Pleading to a lesser charge can offer significant advantages compared to a DUI conviction. Some of the benefits include:
- Reduced penalties. Lesser charges typically carry lighter sentences, fines, and other consequences.
- Avoiding license suspension. Some lesser charges may not result in automatic license suspension.
- Future implications. A non-DUI conviction on your record may have less impact on future employment or housing opportunities.
- Insurance rates. Your car insurance premiums may not increase as dramatically with a lesser charge.
While these benefits are appealing, it's crucial to understand that pleading guilty to a lesser charge still results in a conviction. Your Key West DUI defense lawyer can help you weigh the pros and cons of this strategy.
Why Do I Need a Lawyer to Negotiate a Lesser Charge?
Attempting to negotiate a lesser charge on your own is risky and often ineffective. Here's why working with a Key West DUI defense lawyer is crucial:
- Legal experience. Your lawyer understands the intricacies of Florida DUI law and can identify potential weaknesses in the prosecution's case. We encourage you to read our case results to learn how we’ve helped other DUI defense clients.
- Negotiation skills. Experienced DUI defense lawyers know how to negotiate effectively with prosecutors.
- Case evaluation. Your lawyer can realistically assess your chances of successfully pleading to a lesser charge based on the specifics of your case.
- Protection of your rights. Throughout the process, your lawyer ensures your rights are protected and you don't inadvertently incriminate yourself.
Remember, prosecutors are not on your side. They're not obligated to offer you a lesser charge or explain the potential consequences of your plea. Your Key West DUI defense lawyer is your advocate, working tirelessly to achieve the best possible outcome for your situation after a drunk driving arrest. Attorney Robert Malove is a founding member of the National College for DUI Defense and Florida Bar Board Certified as an expert/specialist in criminal trial law, and is here to help you through this challenging time.