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.
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.
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.
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.
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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