Driving under the influence (DUI) charges are among the most serious traffic violations in Georgia. The state treats a DUI offense as a misdemeanor crime in most cases. In scenarios involving aggravating factors, including causing injury to others, a DUI might lead to felony charges.
In most basic DUI scenarios, the driver accused of intoxication at the wheel faces a misdemeanor charge. Many defendants hoping to avoid a conviction develop a defense strategy. They may focus on defense tactics such as proving that the traffic stop was illegal or providing medical explanations for failed tests.
Others might hope to negotiate a plea bargain. Just as people may hope that officers could use their discretion and choose not to arrest them, they may hope that prosecutors use their discretion to lower the pending charges. Is it ever possible to convince a Georgia prosecutor to reduce a DUI charge to a reckless driving offense?
Lesser charges can be part of a plea deal
Simply pleading guilty is usually not enough to inspire leniency from a prosecutor. However, in cases where a defense attorney negotiates assertively and may have grounds for a viable defense strategy, prosecutors may be more open to compromise.
Plea bargains typically save the state time and effort by keeping contentious legal cases out of court. They also allow prosecutors to maintain a high conviction rate. As such, prosecutors may make certain concessions to secure a plea bargain.
They might agree to accept a guilty plea to a lesser offense, such as reckless driving. While reckless driving is still a crime rather than a ticketable traffic infraction, it does not have the same serious social stigma that DUI convictions carry.
Professionals worried about employers performing background checks in the future might want to negotiate plea arrangements that involve lesser charges. Plea bargaining can also sometimes involve asking the prosecutor to exclude certain penalties or to limit what information they provide in the filings submitted to the courts.
Reviewing the circumstances that led to DUI charges with a skilled legal team can help defendants explore their options. Plea bargains to lesser charges are among the many strategies that can help defendants avoid a DUI conviction.