If you are facing DUI (driving under influence) or DWAI (driving while ability impaired) charges in Colorado, it is likely that you will be offered a plea deal by the prosecution. While the possibility of avoiding the hassles of a trial might sound tempting to you, you should never, ever agree to a plea deal without consulting an experienced Colorado DUI attorney.
Why You Are Likely to Be Offered a Plea Deal in a Colorado DUI Case
Colorado’s criminal justice system is overburdened with a litany of cases, many of which tend to drag on for several months or even years. So, prosecutors in Colorado often try to resolve cases through plea bargaining, as it can save them a lot of time.
Moreover, a plea deal gives both parties – the defendant as well as the prosecution – more control over the process as well as the outcome of the case. The outcome of a trial, on the other hand, is unpredictable, as the decision is made by a jury.
How Does a Plea Deal Work in a Colorado DUI Case?
Depending on the circumstances, you might be offered the following plea deals in a DUI case.
In this type of plea deal, you have to plead guilty (you accept the charge against you) or no contest (you do not wish to contest the charge against you). In return, you can have your sentence reduced.
In this type of plea deal, the original charge against you (DUI) will be dropped by the prosecution and in return you have to plead guilty to a lesser charge – which in most cases might be reckless driving involving the use of alcohol. This type of plea deal is commonly known as the wet reckless plea deal.
Dismissal of Charges
If you are facing several charges in addition to a DUI, you might be offered a plea deal wherein you have to plead guilty to one or more charges against you and the prosecution will drop the remaining charges.
Plea Deal in a Colorado DUI Case – Key Things You Need to Know
- You are not obligated to accept a plea deal in a DUI case – or any case for that matter. The prosecution cannot persuade, coerce, or threaten you into accepting a plea deal under any circumstances.
- A plea deal, by its very nature, is a compromise. So, your attorney might be able to negotiate with the prosecution and get you a better deal than what is initially offered to you.
- You should never, ever say anything to the prosecution that could be construed as an admission of guilt. Whatever you say during a plea deal negotiation can be used against you – should your case proceed to trial. This is one of the important reasons why you should let your Colorado DUI defense lawyer negotiate on your behalf.
- Do not tell the prosecution anything about your defense strategy. The prosecutor might try to prod you into revealing your defense strategy by saying that they will offer you a great deal if you can tell them how your lawyer plans to challenge the prosecution’s case. No matter what they tell you, do not reveal any detail about your defense strategy. Better yet – as mentioned above – let your lawyer do all the talking.
Should You Accept a Plea Deal in a Colorado DUI Case?
Only an experienced Colorado DUI defense lawyer can help you decide whether or not you should accept a plea deal.
Your attorney will carefully review the charges against you, look for weaknesses or loopholes in the prosecution’s case against you, and determine whether it might be possible to get the DUI charge against you dismissed or get you acquitted.
If they believe they can easily break the prosecution’s case against you, they might advise you against accepting the plea deal. If, on the other hand, they believe that the prosecution has the necessary evidence to obtain a conviction, they might decide to negotiate with the prosecutor and try to get you the most favorable plea deal possible.
Are You Facing DUI or DWAI Charges in Colorado? We Can Help You!
At Anderson & Carnahan, we know that a DUI or DWAI conviction can have serious, lifelong consequences. It is why we will fight hard to get the case against you dismissed, get you acquitted, or get the charges against you reduced to the extent possible.
Our defense attorneys have more than 50 years of combined experience in handling DUI cases and know how Colorado’s criminal justice system works. We can mount the strongest possible defense against your charges and use our expertise and resources to get the best possible results. To discuss your DUI case with one of our lawyers, call us today at 719-473-9099 or contact us online and schedule a free and confidential consultation.