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How strict is prosecution on offering a plea deal on 2nd DUI?

Kent, WA |

Do they sometimes offer in lieu of dealing with higher BAC's and heavy caseloads?

Attorney Answers 5

Posted

Prosecutor's take a hard line on DUI generally throughout the State and on 2nd offense it is tougher. This is why you need an experienced DUI attorney to make sure the State has a good case before you make your decision on a trial, settlement, deferred prosecution etc. Get an attorney now.

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Posted

While prosecutors are understandably less flexible when it comes to negotiating on 2nd offense DUIs, the only way to find out what the best offer is, is to have an attorney experienced in DUI defense evaluate your case. There are often important issues, not obvious to non-lawyers, that can help you get that better offer or even a dismissal.

Please note that this is not legal advice and does not create an attorney-client relationship. This post represents only the poster's opinion. You should speak to an attorney for further information. The poster is licensed only in the State of Washington. For more information about our law firm and services, please visit my website at www.brodskylawfirm.com. I hope this post was helpful to you. Thank you.

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Posted

An offer of "plead guilty with mandatory minimums" is considered a reasonable offer on a second DUI, absent any legal issues with the case. You should consider a deferred prosecution, which would allow you to avoid jail, but will require two years of treatment followed by three years of probation. Consult an attorney.

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Posted

A lot will depend on how much time there was between the first and second DUI. Also of importance is whether there was an accident or an injury, how high the BAC was on the 2nd DUI, and how the person behaved after being arrested. Some people get belligerent with the arresting officer(s) and many prosecutors take that into consideration when deciding how they are going to treat you.

Any other criminal offenses that the person has will also have an effect on the deal that is offered.
I would advise you to consult with an attorney who practices in the area.

This general legal advice does not create an attorney-client relationship. Every case is individual and to have legal advice that you can rely on you need to talk to an attorney one on one, answer their questions, and hire them.

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4 comments

Asker

Posted

.081 bac

Timothy Foster Lloyd

Timothy Foster Lloyd

Posted

with that being the case, you may be able to challenge the charge successfully. An attorney can subpoena the calibration records of the machine used on you. If it was not calibrated recently enough then the court may throw out the test. You can still be charged with being intoxicated, but then the case is based on the officer's observations. A case without a blow is often easier to contest than a case with a blow. In your case the blow is within the range where even if it was calibrated as recently as it should have been, your actual BAC might have been .079 or so.

Asker

Posted

last one was in 2010

Asker

Posted

The driving and everything was caught on tape which there was no visible way you could see intoxication. The officer took me off camera for the field test and said I "didn't do that good" I performed as well as any other tired person at 1 am would..

Posted

Typically, a prosecutor will be unwilling to offer a plea deal to a lower charge on a second DUI unless there are clear issues with the breath test or other significant evidence in the case.

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