Can You Plea Bargain a DUI in Virginia?

Can You Plea Bargain a DUI in Virginia?

Yes, you are allowed to plea bargain a DUI in Virginia. A negotiated plea is often an effective way to reduce the charges against you and the penalties you face. A DUI may carry severe penalties such as high fines, the loss of your driver’s license, and even prison time. With a plea bargain, you can negotiate with the prosecutor to have better control over what happens.

Our Manassas criminal defense lawyers at Battlefield Law Group PLLC are strong negotiators who know when a plea deal is the right choice for you. We empower you with the information and legal advice needed to make an intelligent decision that protects your legal rights. Our team provides a comprehensive DUI defense to better your negotiating position as well. Schedule your consultation today.

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What is a Plea Bargain?

A plea bargain is a negotiated agreement between you, your attorney, and the Virginia prosecutor. As part of the agreement, you consent to plead guilty to an offense without going to trial. In exchange, you may face reduced charges or penalties compared to those in the original case.

Plea bargaining is very common across Virginia for various criminal charges, including DUIs, and it resolves the majority of cases. This allows the courts to handle large numbers of cases without disrupting the entire legal system, but also helps protect those charged with a crime in several ways.

Benefits of a Plea Bargain in Virginia DUI Cases

There are many reasons a plea bargain may be beneficial in your case. These include, but are not limited to:

  • Reduced Charges: The prosecutor may agree to a reduced charge. This could mean a less serious version of a DUI, or to plea to something else altogether. Some prosecutors will allow you to plea to reckless driving, rather than a DUI. This can be incredibly beneficial under the right circumstances. 
  • Lesser Penalties: Many prosecutors will agree to recommend a lesser penalty in the range if you plea to the charge. This can help you and your attorney control the potential penalties you face.
  • Fewer Counts: You might face multiple criminal counts related to your DUI. Your attorney can work with the prosecutor to reduce the number of charges you face and thereby reduce the potentially serious issue of compounding penalties.

The ability to plea may also protect your criminal record. If you are able to avoid a DUI charge, this can make a major difference for you. DUIs can never be expunged or removed from your record. If you plea to another charge instead, that charge may be expungable. These and other benefits are something you should discuss with your DUI defense attorney.

Factors That Affect a Plea Bargain

The changes of a beneficial plea bargain depend on several factors. The first is your attorney. Most prosecutors try to take advantage of self-represented people, or even those represented by an inexperienced defense attorney. A qualified Virginia DUI defense attorney knows the prosecutor’s tactics and how to defend against them.

Other factors that may affect your plea bargain include:

  • Your criminal history
  • Whether you have prior DUIs on your record
  • Your blood alcohol concentration (BAC)
  • If there were any injuries or property damage from the accident

Learn Whether a DUI Plea Bargain is Right for You

Your case is unique. You need the customized advice of a skilled DUI defense attorney who has reviewed your case and done the research. An experienced attorney can make all the difference.

At Battlefield Law Group PLLC, our DUI/DWI defense lawyers are ready to fight for you. Contact us today for a free consultation of your case.