South Carolina DUI Plea Bargains: What You Need to Know After a Drunk Driving Arrest

If you are facing a DUI charge in North Charleston, negotiating a plea bargain might be the best way to resolve your case. By entering into a plea bargain, you can avoid the harshest consequences of a DUI conviction and settle your case relatively quickly without needing to go to trial.

But, while securing a plea bargain can be the best outcome in some DUI cases, you could also have other—and better—options available. As a result, it is essential to ensure you understand the benefits and drawbacks of plea bargaining. That way, you can make an informed decision and ensure you do not accept unnecessary consequences.

What Are the Benefits of Plea Bargaining?

We’ll cover the benefits of plea bargaining first. While every case is unique, the benefits of negotiating a plea bargain in a DUI case generally include:

• Avoiding South Carolina’s Maximum DUI Penalties – A plea bargain’s “bargaining” nature means neither side gets everything. So, while the prosecution gets a conviction, you can avoid the maximum penalties for a DUI. The specific penalties you should be willing to accept will depend on the details of your case.
• Avoiding a DUI Conviction – Negotiating a plea bargain can also mean avoiding DUI penalties entirely. In many cases, prosecutors will be willing to accept a deal that reduces a DUI to a “wet reckless.” While a “wet reckless” still carries penalties, these penalties are far less severe than those for a DUI.
• Avoiding the Inherent Uncertainty of Trial – Regardless of the facts of your case, there are no guarantees as to how your trial will go. Wrongful convictions can—and do—happen. Negotiating a plea bargain allows you to avoid the inherent uncertainty of trialing your DUI case.
• Minimizing the Cost of Your Defense – Negotiating a plea bargain also allows you to reduce the cost of your defense. While hiring a DUI lawyer isn’t as expensive as most people think, there are costs involved with going to trial. As a result, if a conviction at trial is likely, having your lawyer focus on negotiating a deal could reduce the fees and costs you need to pay.

What Are the Drawbacks of Plea Bargaining?

Now that we’ve discussed the benefits of negotiating a plea bargain in a South Carolina DUI case, why might you not want to accept a plea? Some of the drawbacks of plea bargaining include:

• Accepting Consequences for Your Arrest – Regardless of the deal you negotiate, accepting a plea deal means accepting consequences for your arrest. As a result, if you have defenses to your DUI, negotiating a plea bargain generally will not be your best option.
• Losing the Ability to Fight Your DUI in Court – While negotiating a plea bargain allows you to avoid the inherent uncertainty of trial, it also means you lose the ability to fight your DUI in court. Even if you were driving drunk, you could have defenses available, and accepting a plea bargain could mean facing consequences that you could have avoided.
• Losing the Ability to File an Appeal – When you accept a plea bargain, you also generally lose your right to appeal. The grounds for challenging a plea bargain are minimal. So, if you accept a plea bargain, you should be prepared to take the consequences.
• Having a Conviction on Your Record – Additionally, whether you accept reduced penalties for your DUI or a “wet reckless,” you will have a conviction on your record. This will have consequences beyond the penalties imposed—including increasing your insurance premiums and potentially limiting your employment prospects.

When Should You Seek a Plea Bargain in a South Carolina DUI Case?

Considering these benefits and drawbacks, when should you seek a plea bargain in a South Carolina DUI case? Answering this question involves determining whether you have better options available. For example, accepting a plea bargain may not be your best option if:

• You qualify for pre-trial diversion or,
• You have substantial grounds to fight your DUI.

When you hire an experienced DUI lawyer in North Charleston to represent you, your lawyer will examine the circumstances of your case and help you carefully weigh your options. If seeking a plea bargain is your best option, your lawyer will work to secure a favorable plea bargain on your behalf. You and your lawyer will discuss the terms you are willing to consider in advance, and if an offer is on the table, your lawyer will help you make an informed decision about whether to accept.

Overview of the Plea Bargaining Process

Let’s say seeking a plea bargain is your best option. What can you expect from the plea bargaining process?

The simple answer is that your lawyer will handle the process for you. Your lawyer will contact the prosecutor’s office as soon as possible to inform the prosecutor that you are interested in resolving your case before trial. Your lawyer will also work to gather as much favorable evidence as is likely to be used as leverage during his or her negotiations.

While your lawyer negotiates, you must stay out of trouble. You do not want to get arrested again, as this will make your situation more severe than it already is. It would be best to stay in communication with your lawyer, as your lawyer may need information from you, and you will want to respond promptly to any offers from the prosecutor’s office.

Discuss Your Case with North Charleston, SC DUI Lawyer Rad S. Deaton

Do you need to know more about seeking a plea bargain in a South Carolina DUI case? If so, we encourage you to contact us promptly. To confidently discuss your case with North Charleston DUI lawyer Rad S. Deaton, call 843-225-5723 or request a consultation online today.