One of the most common questions which clients ask their DUI lawyers is whether or not the client should plead out the drunk driving case or take it to trial. There is no set answer to this question as it is fact-dependent. The particular and individualized facts of each case will heavily influence the decision of whether to fight or try to work out a deal. For example, where there is a high blood alcohol reading and the defendant failed field sobriety tests which were properly administered and scored, pleading out might be worth considering. On the other hand, where there is no blood alcohol evidence and where the defendant did not perform field sobriety tests or where the tests were improperly administered or scored, it probably makes sense to try the case.

There are other factors which may influence the decision of whether to plead out or fight. For example, there may be suppression issues or other weaknesses with the prosecution’s DUI case. Likewise, there may be legitimate explanations for what might appear to be incriminating.

A thorough client intake interview and review of the police report and related documents is required prior to making the critical decision regarding the acceptance of a Weston MA DUI plea bargain. Most people who plead out are motivated by the need to get back on the road as soon as possible, with a hardship license. The RMV will not consider anyone for a hardship licenses while a DUI case is pending. Working out a deal usually allows the DUI lawyer to resolve the case much quicker than trying the case, which can take months.

In dealing with OUI license suspensions and reinstatements, I have encountered numerous clients who deeply regret their decision to plead a DUI case out. They made these uninformed decisions many years ago, prior to Melanie’s Law, when the DUI penalties were more lenient and there was no lifetime lookback period.

Once a Weston Mass DUI plea or admission to sufficient facts is made and accepted, it is extremely difficulty to back out of the deal. Therefore, deciding whether to work out a deal or fight your drunk driving charges is a critically important decision which you should make only after speaking with a Weston DUI lawyer. Also, it usually makes sense to get a second opinion. You must carefully weigh the pros and cons and have the case reviewed by an attorney who specializes in DUI defense.