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Should I Plea Bargain My OVI/DUI Case

November 3, 2008

You should do nothing without the help of an attorney. The prosecutor will always offer to drop one of the two OVI charges against you if you are charged with OVI Impaired and OVI Per Se. This is no deal at all since they can only convict and sentence you for one of the two offenses anyway.

If there is a problem with your case, the prosecutor will often offer a plea to a lesser offense like Reckless Operation (4 points on your license rather than the six points for OVI) or Physical Control of a Motor Vehicle While Intoxicated (also a first degree misdemeanor, but no points since it is not a moving violation).

If there is an offer of Reckless Op or Physical Control, you need to think long and hard about taking it. Neither is an OVI and you can honestly answer on job applications from then on that you have never been convicted of drunk driving. If these offers are made, it is something of a win for you.

If you refuse these offers and push a trial on the court, it may not go your way. With all of the media frenzy about how drunk drivers are causing a nationwide holocaust on our roadways, you may not be able to get a jury to see things your way. Even if your case has a hole in it that your defense attorney can drive a truck through, if a jury doesn’t get it, all you have left is a costly appeal.

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