When negotiating a plea bargain, it is important to know how prosecutors see your DUI case. The other side has a different point of view in an adversary system than the defense or defendant will have. The prosecutors generally focus on four elements:
The four elements considered in a DUI plea bargain offer:
- The blood alcohol content (your alcohol level), if any (this doesn’t apply to drug or medication DUIs;
- The video of the arrest – how you look and sound;
- The reason for the traffic stop (in other words, the probable cause for your arrest); and
- Your criminal history.
The top Orange County DUI Attorneys will do their best to minimize and explain each of those four factors, and to persuade the Orange County District Attorney that each of them is not as bad as they may seem.
Medical records, or proof of neurological or medical conditions, for example, might help explain the performance on the field sobriety tests. Explaining the drinking pattern, or consumption of alcohol timing, might help explain why a test is above the limit, but at the time of driving (while alcohol was still being processed by the body) the alcohol level was actually lower in reality.
Showing the facts surrounding priors on a criminal record, and minimizing what might appear to be a bad mark for the client, is also often successful in defending DUI cases in Orange County.
Unlike the perception in the public, most DUI lawyers in Orange County are not trying to argue “my client had no alcohol”. Rather, the test result, the margin of error of the testing device, and other known problems, like maintenance and calibration of the measuring device, mouth alcohol, or blood extraction and preservation issues, can build upon each other, and put a person below the legal limit. It is rare for a case to end up with alcohol and during a retest or with one issue be a zero. More likely, a client is in the “maybe intoxicated” area, and we can move him from the “definitely impaired” area to there. Where reasonable doubt is in an issue, like it is with a DUI case, or any criminal offense, that is often enough to dismiss or reduce the charges.
If you need the services of our Irvine Criminal Defense law firm, please contact us today.