Driving under the influence (DUI) charges are among the most serious traffic offenses prosecuted in South Dakota. Unlike conducting an inappropriate U-turn, which is a simple traffic infraction, a DUI is a crime. The state can prosecute DUI cases as felonies or misdemeanors, depending on the circumstances,
Convictions for DUI offenses show up in criminal background checks. A motorist accused of a DUI offense faces a variety of penalties, including incarceration and a driver’s license suspension. They also have to pay fines and court costs, along with much higher rates for insurance after their conviction.
Those worried about the implications of a DUI charge may need to consider a variety of options. In some cases, misunderstandings or issues with testing might result in unfair DUI charges. Mounting a defense is an option in some cases. Negotiating a plea bargain might be possible other times.
Can prosecutors reduce the charges against drivers accused of drunk driving?
Prosecutors sometimes make concessions
Plea bargaining involves negotiating with the prosecutor for certain concessions. Criminal trials are costly for the state and require the time and attention of the prosecutor. Taking a case to trial is a lengthy matter for everyone involved.
Plea bargains allow prosecutors to maintain high conviction rates without investing major resources in every case. Prosecutors sometimes make certain concessions if defendants agree to enter guilty pleas. They can reduce the charges, limit the potential penalties or even agree not to disclose certain details of the allegations in the documents filed with the courts.
Lower charges can lead to better outcomes
An attorney might be able to convince a prosecutor to reduce a DUI charge to a reckless driving offense. While reckless driving is still a misdemeanor crime, it carries lower penalties and less social stigma than a DUI conviction.
Some people refer to such scenarios as a wet reckless charge. The prior record of the motorists, the evidence that the state has and the circumstances leading to the charge all influence the likelihood of negotiating a successful plea bargain.
Typically, DUI defendants need to consider every option carefully if they want to avoid the worst consequences possible. Retaining an attorney to help negotiate a plea deal is one of several options available for those concerned about pending DUI charges.