Skip to main content

Bad Plea Deal DUI Trial

DUI cases are taken to trial for many reasons. Sometimes, the evidence, facts, or laws are favorable to you.

Another reason you might consider taking your DUI arrest to trial is that the prosecutor offered you a bad plea deal.

Should you take your drunk driving case to trial? For example, if you are charged with DUI and DWI, but refused to take the field sobriety and breathalyzer tests, then the prosecutor should be offering you a plea to the DWI. A DUI requires that your normal coordination was substantially impaired by alcohol. A DWI only requires that your normal coordination was impaired by alcohol to some extent.

Proving a DUI without field sobriety and breathalyzer tests is difficult because the prosecutor is lacking vital evidence to prove your impairment. While a DWI could still be difficult to prove, the degree of impairment required is less and therefore could be proved by other evidence such as your admission to drinking, physical condition, and driving behavior.

Recently, our office rejected a plea deal to a DUI charge because the case was more of a DWI fact pattern. We were prepared for trial and our client agreed that we should force the prosecutor to prove the DUI charge rather than just admitting guilt.

Ultimately, the case was resolved by way of a plea agreement to the DWI charge, the offer that should have been made from the start.

Call today to schedule a free DUI arrest consultation! If you’ve been charged with a DUI or DWI, it is essential for you to speak with an attorney who is experienced in this area of law. If you are in Maryland and received a DUI or DWI, it is wise to work closely with a Maryland DUI attorney. They can help you navigate Maryland’s specific laws in regards to DUIs and DWIs and get the best possible outcome for your situation.

If you’ve been arrested for a DUI or DWI in Maryland and are in need of guidance, call the Law Office of Ross W. Albers today. We are an experienced Maryland DUI law firm and can help you navigate the aftermath of a DUI or DWI.

The sooner we begin working on your case, the sooner you can get on with your life—so give us a call at 443/457-3890.

Additional resources provided by the author

Rate this guide

Avvo DUI email series

Sign up to receive a 3-part series of useful information and legal advice about DUIs.

Recommended articles about DUI

Can’t find what you’re looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer