As many court dockets get clogged with the number of DUI cases, especially amidst the COVID-19 pandemic, more of them are getting plea bargained. Typically this means a reduction of the charge to a wet reckless, dry reckless, misdemeanor exhibition of speed, or even a traffic infraction.
1. What is the California crime of DUI?
California has two primary DUI laws for adult drivers: Vehicle Code 23152(a) VC, which makes it illegal to drive under the influence of alcohol, and Vehicle Code 23152(b) VC, which makes it illegal to drive with a BAC of .08% or greater.
A violation of either code section is a misdemeanor that will expose an offender to a host of DUI penalties.
2. What happens in a DUI plea bargain?
Throughout the DUI court process, which may take months and involve several court hearings, prosecutors and California DUI defense lawyers have the option of negotiating the terms of a plea bargain.
Prosecutors and defense attorneys have different goals in a bargain. Prosecutors want the accused to plead guilty to a DUI and suffer consequences such as fines, DUI school, and even jail time. On the other hand, the defense wants to avoid conviction and the resulting consequences.
There are two significant factors in these cases that help a prosecutor agree to a plea bargain.
The first is if the defendant can raise an effective legal defense to the DUI charge if the case goes to trial.
The second factor that pressures judges and prosecutors to make concessions is the sheer congestion of the court’s calendar. Sometimes not enough courtrooms and prosecutors exist to handle the volume of DUI cases headed to trial.
This is when simple supply and demand kicks in. The state is forced to offer better deals to settle cases and relieve court congestion quickly. (Also refer to our article, “Can a DUI conviction be removed in California?“).
