A Redwood City DUI Lawyer Explains Plea Bargaining and DUI Defense

Posted on May 11, 2013

DUI Defense

A plea bargain is an agreement between your Redwood City DUI attorney and the prosecutor in which the charge against you is downgraded to one that is less serious than the original. In other words, you enter a guilty plea, not to the charge originally brought against you, but to one that carries a lighter penalty.

What Might My Defense Be?

In order to build your case, your DUI attorney may present one or a combination of several different arguments. The object is to demonstrate to the court that the evidence the officer cited against you is not a valid indicator of your condition at the time. Your Redwood City DUI lawyer may question the accuracy of the field sobriety tests or whether the arresting officer actually had sufficient reason to stop you at all.

Were the Field Sobriety Tests Valid?

Field sobriety tests usually test your coordination and manual dexterity by requiring you to touch your nose with your finger, place your feet heel to toe and walk a straight line without losing your balance, or pick a coin up off the ground. However, there are many conditions not related to alcohol that can cause you to fail one or more of the tests. Your Redwood City DUI attorney may be able to challenge the accuracy of the tests or the officer’s expertise in administering them.

What about the Blood Alcohol Tests?

Even though you may have stopped drinking hours before you were stopped, the level of alcohol in your blood continues to rise for some time afterward. Your DUI attorney may challenge the results of your test by asserting that it measured your blood alcohol level at a higher point than it actually was while you were driving due to this tendency.

Did the Officer Stop Me Legally?

In order for any law enforcement officer to pull a motorist over, there are certain protocols that must be in place. Did the officer actually see you break the law? Were you driving erratically? Once the officer initiated the stop, was it conducted properly? Were your rights read to you as required by the Miranda laws? Any of these things may have bearing on whether or not the officer was correct in pulling you over.

Where Does the Plea Bargain Come in?

Once your Redwood City DUI attorney has thoroughly reviewed your case and assembled the information needed to defend you, the next step is to determine whether it is to your benefit to go to court or begin a plea bargaining process and settle your case without trial. If the latter alternative is chosen, negotiations with the prosecution can begin.

Call Your Redwood City DUI Attorney Today

If you are have been charged with a DUI, don’t face it all alone. Call a Redwood City DUI attorney with Silveira Law at (415) 795-3890 for help.