To plead out or not to plead out – that is the question that anyone charged with drunk driving needs to answer. What these same people seldom know is that a guilty plea can come with extensive and unexpected consequences that are seldom explained to the defendant during the plea bargaining procedure. That is, in part, why you should never plead guilty to a drunk driving offense unless it is the only reasonable course of action in your particular circumstances.
The fact is that some drunk driving cases cannot be won in front of a judge or jury, and these cases should not be tried. But more often than not, there is a legitimate defense that can be mounted in the courtroom. Every case can be examined for issues that can include illegal stop, search, seizure and arrest; Miranda violations with admissions or confessions; implied consent and statutory rights violations regarding chemical testing of the driver; violations of testing protocols and standards, scientific and forensic limitations of breath or blood testing; and the validity of field sobriety test evidence in light of age, disability, and other individual factors.
Even with all of those factors, however, there are still cases that call for a plea. Anyone considering a plea should be aware that pleading out can have consequences that go beyond sentencing. For example, a plea can be expensive if the courts requires the defendant to pay restitution, court costs, or fees. Pleading guilty to a criminal charge can lead to prosecution of an accompanying civil suit. A guilty plea may severely curtail future employment opportunities or lead to the revocation of professional licenses. A defendant may lose his or her driver’s license, housing, custody of children, and other rights and privileges.
Without excellent legal advice on these issues how can you make a correct decision as to whether it is appropriate for you to plead out your DUI charge? It is this attorney’s experience that very rarely is a client penalized by a sentencing judge after trial for a well tried case resulting in a guilty verdict, especially on first offenses. Many cases should be tried, and some, especially mandatory minimum subsequent offenses, must be tried. A very good lawyer once told me: “Don’t be a plea escort service.” And I’m not. I’m a trial lawyer who gives very valuable plea advice. Before you plead out, hire a qualified DUI Defense Trial Lawyer, with experience bringing DUI cases to verdict, winning acquittals and true dismissals, and yes, even experienced in the hard fought battle resulting in a guilty verdict and an appropriate post trial sentence.
Drunk driving attorney Michael Bowser has years of experience successfully defending those accused of drunk driving in Massachusetts and New Hampshire. If you have been charged with drunk driving in Massachusetts or New Hampshire or have questions about OUI penalties in either state, it is vital that you talk to representation who understands the law. Call Attorney Michael Bowser today at 1-888-5BOWSER to discuss drunk driving penalties and your individual circumstances.
