Why Your Plea For DUI Probation May Be Rejected
Driving under the influence (DUI) plea deal isn't a right, so you shouldn't assume that you are entitled to one if you are so inclined. In fact, there are some things that will make it difficult for you to get a plea deal. Here are some examples of such potential complications:
You Have a Long Criminal History
Your chances of getting a plea deal are low if you have an extensive criminal history. This is especially true if those past crimes were related to drugs or driving infractions. In such a case, the prosecutor has a double incentive to convict you. First, they know that they have a high chance of getting a conviction if the issue proceeds to trial. Secondly, the prosecutor will want a conviction to discourage you from further DUIs since the previous forms of punishments haven't helped.
Your BAC Was Way Over the Limit
Getting a plea deal with blood alcohol content (BAC) that is slightly above the legal limit (0.08) than it is to get one when the BAC is twice that of the legal limit. An extremely high BAC shows that you have no regard for other people lives and the law. It is also easy to get a conviction in such a case. This means the prosecution will be motivated enough to go for your conviction.
The Victims Don't Want To See You Convicted
If your DUI caused an accident, then the wishes of the accident victims may also determine whether you get a plea deal or not. Judges aren't obligated to factor victims' wishes when evaluating plea deals, but they frequently do it. This means you may have a hard time getting your plea deal if you crashed into another person's parked car while intoxicated, and the owner of the car wants to see you get a "proper" conviction.
The Prosecutor Deems Your Level of Cooperation Low
Lastly, you may lose your chance of plea bargaining if the prosecution or judge thinks that you aren't as cooperative as you should or can be. As you know, plea bargaining is a give-and-take affair, the prosecution reduces your charges and sentence and you agree to give them "something" in return. This "something" includes your guilty plea plus any number of conditions the prosecutor deems necessary. For example, you may be expected to cooperate with the police on a separate case if they are convinced that you have information that may help with the case. In such a case, your plea bargain may hinge on whether you are willing or able to help with that case.
For further information on the topic, contact a DUI attorney.