DWI Plea Bargains: How Can I Get One for My Virginia DWI?
DWI or driving while intoxicated is a serious crime in the state of Virginia. There may be several consequences for one slight moment of indiscretion, including jail time, fines, license suspension, and other penalties. But when it comes to this crime, is there a bargaining chip that drivers can leverage to stay out of jail?
The answer to this question is that it really depends on the facts of your case. The strongest bargaining chip is a Prosecutor’s concern that they may lose the case. This may be as a result of weak evidence, illegal evidence gathering on the part of the police, or any other problem with the Government’s case.
Typically, that you were nice to the officer or have no prior record is not an effective negotiating tool.
What’s A Plea Bargain?
A lawyer can settle with the prosecution team through a series of discussions.
The Pros
- You’ll Know The Terms Before Accepting – There’s no second-guessing sentences, plus offenders won’t need to endure rigorous and mentally exhausting trials in court.
- A Bargain Equals Discounted Sentencing – Plea bargains in most cases, allow guilty parties to avoid jail time, get lower penalties, or receive lesser charges. A good example would be a reckless driving charge vs. DWI.
The Cons
- You will be found guilty – On the other hand, if you were to go to court and fight the charges, the case could be dismissed if you prove successful. If you lose, the judge will sentence you based on the circumstances of the case.
Some of the sentences that may be arranged in a plea bargain include using an ignition interlock device, retaining a restricted licenses; or attending DUI School.
Things to Keep In Mind
Even though a plea bargain may seem appealing, it’s important that defendants weigh the pros and cons. A guilty plea for instance, can have ripple effects, including the inability to expunge one’s records in Virginia, even if you were indeed innocent of the crime.
DWI defense attorneys may be able to challenge the charge by thoroughly reviewing the case, and some of the top defense tactics include:
- Was there probable cause for the initial stop?
- Did the arresting officer follow legal protocols when making the arrest, such as reading your Miranda Rights?
- Were the field sobriety and/or chemical tests properly executed?
- Did you have an underlying medical condition that could’ve impacted the results of a chemical test?
- Was there enough observation time exercised before administering the DWI test?
The answers to these questions can influence the case significantly.
Know the Stakes
What are the consequences of DWI in Northern Virginia?
For first-time offenders, there’s a mandatory minimum sentencing of $250, as well as a one-year driver’s license suspension. A plea bargain may allow defendants to retain their license – on a restricted level.
Ultimately, defendants will need to carefully weigh the options – before accepting plea bargains or attending trial.
