DUI Plea Bargains in Vista, California

What Is a DUI Plea Bargain?

A plea bargain is an agreement negotiated between the defense and prosecution that results in lesser consequences for the defendant if they plead guilty to a crime. Four types of plea agreements can be used in California DUI cases:

• Charge Bargaining: The defendant will plead guilty to a lesser charge.
• Count Bargaining: The defendant will plead guilty to fewer charges. For example, they will only be sentenced to one count of DUI causing injury, even though they injured two people.
• Sentence Bargaining: The defendant pleads guilty in exchange for a lighter sentence.
• Fact Bargaining: The defendant pleads guilty in exchange for the prosecution overlooking certain facts of the case, often to avoid a sentencing enhancement. For example, the prosecution overlooks that a child was in the vehicle, so the defendant won’t face additional penalties under 23572 (VC).

California prosecutors are not obligated to offer or accept plea deals in DUI cases, yet they often do to save time and resources. Plea bargains must be fair to both sides to gain judicial approval.

For a more in-depth look at these agreements, see our generalized plea bargain page.

Can a DUI Be Reduced Through a Plea Bargain in California?

Yes, it is possible to secure a plea deal for California DUIs, but prosecutors have less leeway in these types of cases than in many others. Under California Vehicle Code 23640 (VC)¹, prosecutors cannot reduce a charge in a DUI case unless insufficient evidence or another legal issue justifies the reduction. When a reduction is granted, prosecutors must state on the record the reasons supporting the reduction.

Because the law makes securing charge reductions more challenging, defense lawyers must build strong cases even if they do not intend to go to trial. Attorneys frequently focus on challenging the evidence, such as DUI test validity or illegal traffic stops.

Even if your case isn’t strong enough for the charges to be reduced, your attorney may still be able to negotiate a plea bargain that will reduce your sentence.

Common DUI Plea Bargain Outcomes in San Diego County

Plea deals can yield a range of outcomes depending on the specifics of the case. Some of the most common plea agreements include:

Wet and Dry Reckless Charges

One of the most common DUI plea deals in San Diego County involves negotiating the charges down to a wet reckless. This reduced charge exists solely as a plea bargain option for California DUI cases.

“In San Diego County, prosecutors typically only consider wet reckless reductions in cases involving BAC results of 0.10% and occasionally higher with strong mitigating circumstances,” explains attorney Liss.
 

There are many benefits to wet reckless convictions, including a shorter probation period, lower fines, and fewer mandatory DUI classes. Wet reckless charges still count as a prior offense in subsequent DUI cases.

If the prosecution cannot show proof of impairment and the BAC was very low, it is sometimes possible to secure a dry reckless charge as part of a plea bargain. This offense is essentially a standard reckless driving charge. The penalties do not include any license suspension or DUI class. These convictions cannot be used as a prior for future DUI charges.

For more information on these charges, please review our dedicated wet reckless page.

Dismissal of Enhancements

There are some cases where a DUI may carry additional penalties. Examples include:

• Driving at an excessive speed
• Transporting a minor in the vehicle
• Refusing to submit to a DUI test
• Having a BAC over 0.15%

With a skilled attorney, it is often possible to persuade the prosecution to dismiss these enhancements, helping you avoid additional penalties.

Learn more about DUI enhancements here.

Reduced Sentencing

Very few DUI defendants receive maximum sentences, but a strong plea agreement can help ensure you serve the minimum sentence. Most first-time DUI offenders in California can get probation and avoid jail time by agreeing to a plea bargain. These agreements are even more important for those facing serious charges, like felony DUIs, where a strong plea bargain could reduce the offense to a misdemeanor or help the defendant avoid prison time.

Find the full range of potential DUI sentences here.

Dismissal of Charges

While it’s rare for attorneys in Vista to get all their client’s DUI charges dismissed, it is often possible for those facing multiple charges to have some charges dropped as part of a plea bargain. For example, if you were charged with both exhibition of speed and DUI, your lawyer may be able to have one of these charges dropped based on the facts of your case.

When Are DUI Plea Bargains Most Likely?

“Your lawyer can negotiate a plea bargain at any time between the arrest and the trial,” says Liss. “However, there are some points where the San Diego District Attorney and the defense are most likely to come together on a plea deal.” These periods include:

• Following the arraignment, after the defendant has entered their plea.
• After discovery, when your lawyer has a chance to review the prosecution’s evidence.
• Just after the DMV hearing, when your attorney has their first chance to challenge the evidence.
• During the readiness conference, when the prosecutor and defense attorney present the judge with information to support their case.
• Following motions filed by the prosecution or defense that may affect the outcome of the case.
• Just before the trial, both sides hope to ensure their success.

There can be a lot of back-and-forth during plea negotiations, which is one of the reasons Peter Liss chose an office right across the street from the North County Regional Center, home to the Vista courthouse, jail, and District Attorney’s office.

Want to know more about what to expect going forward? Visit our dedicated page on the DUI court process.

How DUI Defenses Affect Plea Bargaining

“It is rare for DUI charges to be dropped completely in San Diego County,” says Liss. “This typically only happens in cases with grave misconduct on the part of police, major issues with the BAC, or cases involving true emergencies that justified the driver operating a vehicle while intoxicated.” It takes a similarly strong case to beat the charges in trial.

Although obtaining a dismissal or acquittal may be uncommon, a robust defense can be instrumental in achieving the most favorable plea agreement, such as reducing a DUI charge to wet reckless or a felony injury case to a misdemeanor.

Every case is different, but some of the strongest defenses to driving under the influence cases include:

• Police errors
• Illegal checkpoints
• DUI testing problems
• Health issues that affect the breath test
• No proof of impairment

For more information on fighting the charges, visit our dedicated DUI defenses page.

DUI Plea Bargains vs Going to Trial

Whether you should resolve your case in a plea deal or take it to trial depends on multiple factors, including the strength of your case, your budget, your risk tolerance, and your criminal and driving records. Keep in mind that the goal is not to “win” at all costs —it is to protect your record, license, freedom, and future.

Here are some advantages and disadvantages to consider if you’re thinking about taking a plea deal:

Should You Take Your DUI Case to Trial or Agree to a Plea Bargain?

Every case is unique, so no universal answer exists. However, as Liss explains, “Based on my experience, if the District Attorney has no realistic chance of winning at trial, charges are typically dismissed beforehand. Unfortunately, juries are unpredictable, and even strong cases can result in guilty verdicts. For this reason, I often advise clients to accept plea deals that will result in minimal penalties.”

Why Having an Experienced Vista DUI Lawyer Matters

It takes years for an attorney to develop a strong sense of when a DUI plea bargain is a good deal for a client and when it’s best to hold out for a better offer. Mr. Liss has developed that level of experience by serving as a San Diego County attorney for over 40 years. His personal relationships with local judges and prosecutors mean he has a good sense of what to expect from the team assigned to a case. This knowledge helps him obtain the strongest possible DUI plea bargains for his clients.

Peter Liss Plea Bargain Case Results

Still on the fence? Let Peter Liss’ track record speak for itself, but keep in mind that past results do not guarantee future outcomes.

• A wet reckless plea bargain was given to a client accused of DUI causing injury.
• One year of jail and probation for a client facing up to ten years of prison for gross manslaughter while intoxicated.

See more of Attorney Liss’ impressive case results here.

Talk to a Vista DUI Lawyer About Plea Bargains

If you have been accused of driving under the influence in San Diego County, please call attorney Peter M. Liss. His experience, dedication, and reputation enable him to obtain the best possible plea deals for clients.

Call (760) 643-4050 today to schedule a free consultation to discuss your case and possible plea bargain outcomes.