Many times, when someone has been arrested for DWI, the prosecution will approach and ask if they want to plea bargain, as this has the potential to benefit both the defense and the prosecution. The prosecution wants to lower their caseload, so by getting defendants to enter into a plea negotiation, it can reduce the amount of time prosecution has to spend in court so they can handle more cases.
The defendant may want to get a plea deal because it could help to reduce the punishment they are facing. There are a number of different types of potential plea deals. You could plead to get a lower offense, have some charges dismissed if you plead guilty to another charge, or agree to a sentence that doesn’t have a high fine or a suspension of your license.
It is important to remember that every case, even though they might seem similar, is different. The plea deal that one person might get may not be possible for another person based on their circumstances and their history of trouble with the law.
When you have prior convictions for DWI on your record, it could have an affect when you are trying to plea bargain, and it will not work out in your favor most of the time.
When a judge discovers that you have a prior conviction, they are generally not as willing to allow the plea deal. They will look at the case closely and then determine the best course of action. You will have far less power in negotiating in these cases. If you were only slightly above the limit, then they may only sentence you to the minimum punishment as required by Texas law. However, if you were well above the limit, then there is a good chance that they will serve you with a much harsher sentence.
What Should You Do?
If you have a prior conviction, does this simply mean that you should never try to get a plea deal? Not necessarily, but you will need to understand more about how the negotiations work and what you need to do in order to give yourself a better chance of getting a deal. One of the most important things to do when you are in this situation is to speak with an attorney.
Attorneys who are experienced with DWI law in Texas will have an understanding of how things normally proceed and how the various aspects of your case may affect them. They can help take care of any negotiations that might be possible, and they can let you know what you have to do if you do need to go to court for your case. Instead of pleading guilty and merely hoping that the plea deal offered is the best you can get, you can work with an attorney who can fight on your side to get you the lowest possible punishment, or even help you to win your case.