If you've been arrested for Los Angeles DUI, the prosecutor in your case may offer you a plea bargain, particularly if your case seems especially difficult to prove in court. While some Los Angeles DUI charges should be taken to trial, a skillfully negotiated plea bargain may serve your best interests. An experienced Los Angeles DUI attorney will work to negotiate a favorable plea bargain in your drunk driving case if that is your best option.
Plea bargains should be just what the name implies a bargain for both parties. The prosecutor is relieved of the burden of taking your case to trial, and in return you receive reduced charges and/or penalties in exchange for pleading guilty. In some cases the prosecutor is willing to reduce a felony Los Angeles DUI charge to a misdemeanor.
If your Los Angeles DUI arrest was your first, second or third drunk driving charge within the past 10 years, you'll likely face a misdemeanor charge as long as you weren't involved in an accident and no one was hurt.
First-time misdemeanor Los Angeles DUI charges are punishable by 36 months of informal probation, approximately $1,500 in fines and penalties, participation in a 12-week alcohol program, a 90-day restricted driver's license imposed by the court, and six months suspended driver's license imposed by the DMV.
However, you face additional penalties if you refused to submit to a chemical test after your Los Angeles DUI arrest, had a blood alcohol content of .20 percent or greater, was cited for driving 20 mph or more above the speed limit on side streets or 30 mph over the speed limit on the freeway.
You will also face additional consequences if you're found guilty of driving recklessly while under the influence, drunk driving with a minor in the car, or being involved in a traffic collision while driving drunk. If you've had one or more prior DUI convictions within the past 10 years or are under 21, you will also face additional sanctions.
If you've been convicted of DUI once within the past 10 years, you can be sentenced to 10 days in county jail and an 18-month alcohol program on your current drunk driving charge. The DMV will also suspend your driver's license for two years, with a restricted license available after one year.
If you've been convicted of drunk driving twice within the past 10 years, you face a sentence of 120 days in county jail and a three-year driver's license suspension. You will be eligible to receive a restricted license after two years.
If you plead guilty to a felony Los Angeles DUI charge, you face substantial jail time, fines, a driver's license suspension and mandatory alcohol education classes. If you were involved in an accident, you will be ordered to pay restitution to the victims, the amount of which will be determined at a hearing.
If you're facing your fourth drunk driving charge within 10 years, you can be sentenced to 180 days in jail, an 18-month alcohol program, and a four-year driver's license suspension, with the possibility of a restricted license after three years. You will also have to pay fines and be placed on probation.
The penalties attached to a Los Angeles DUI plea may seem harsh, but in some cases a plea bargain with negotiated minimum penalties is a better bet in a drunk driving case than facing a jury. A skilled Los Angeles DUI attorney will help you to decide whether a plea bargain with negotiated consequences is in your best interests.
