Many of our clients hope they can get a plea deal for a DWI if they can’t get the charges dropped or enter a diversion program. A deal is sometimes possible.
With a plea, the ideal situation is for the prosecutor to lower the charges to something else. You then plead guilty and don’t have a DWI on your criminal history. Tad Nelson will gladly describe plea options in a consultation if you call our law firm. There are other ways to keep a DWI off your record, such as diversion, and we will discuss that with you as well.
Why Prosecutors Make Plea Deals
Why would a prosecutor ever agree to a plea deal? Well, the primary reasons are time and effort.
Getting someone to plead guilty saves the prosecutor from pulling together witnesses and evidence for a trial. They can get a conviction for something, and then put the file in a cabinet and be done with your case.
Prosecutors also need to honestly assess the strength of their evidence.
It’s one thing to have enough evidence of DWI to support probable cause, but it’s something else entirely to have enough evidence for a conviction.
If you refused a chemical test, for example, then the prosecutor will probably rely on the officer’s testimony and maybe dashcam footage. The video evidence might be inconclusive, and the officer could be a terrible witness. If you get acquitted at trial, then that’s it—they can’t try to prosecute you again for the same drunk driving incident.
These are some of the considerations that go into determining whether to extend a plea offer. You can count on the prosecutor to make choices based on what’s best for them.
What is the Defendant’s Incentive?
A plea deal might be attractive for a defendant for several reasons. You also might want to avoid the expense and stress of a trial. Why put yourself through this process when you can plead guilty to a lesser charge? It’s usually cheaper, too.
Defendants also need to analyze the evidence with their lawyer. Although the evidence might not be air-tight, that doesn’t mean a jury will acquit. There’s always a risk of fighting all the way to trial. You could lose. Some defendants think pleading to a lesser charge is the safer option.
Is a Plea Deal Possible?
It depends on your case. We can sometimes get a deal for reckless driving or public intoxication, which are less serious misdemeanor offenses. Everything depends on the facts of your case, such as the strength of evidence and your criminal history. If you have a long list of DWI convictions already, then a plea deal is unlikely. The prosecutor might be more focused on getting you off the road and suspending your license for years.
Now that Texas allows some DWI defendants to participate in a diversion program, you might think that’s a better option than pleading guilty to reckless driving. We can help you weigh your options.
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Speak with A DWI Attorney Today
Tad Nelson is a Board Certified® criminal defense attorney who has handled many DWI cases in Harris County. If you need help, call our firm to speak with him or another member of our team.
