Any driver arrested for DUI / DWI in Florida has an important decision to make – whether to accept a plea bargain if one is offered or take the case to trial. A plea bargain can be an excellent opportunity when the prosecutor has a very strong case and the driver’s chances of prevailing at trial are low. An experienced Florida drunk driving criminal defense attorney can establish whether a plea bargain will be in the driver’s best interests.

A plea bargain allows the driver to plead guilty in exchange for negotiated consequences or a reduced charge. An acceptable plea bargain should be just what the name implies – a bargain for everyone involved.

Some plea bargains involve pleading guilty or no contest to DUI / DWI with negotiated consequences. The prosecutor may offer to reduce the DUI from a felony to a misdemeanor, which is always a good deal for the driver. A skilled drunk driving defense lawyer may also be able to negotiate a sentence that carries far fewer consequences than the original charge.

Another choice may be to plead guilty to alcohol-related reckless driving, also called a wet-reckless charge. Wet-reckless is preferable to a drunk driving charge in nearly every way – there are no mandatory license suspensions, ignition interlock device requirements, or alcohol education classes required. The driver won’t be required to file an SR-22, or formal proof of insurance, unless the DMV hearing is unsuccessful. Wet-reckless isn’t a priorable offense, meaning that it can’t be counted as a prior DUI conviction if the motorist is arrested again for drunk driving. Wet-reckless may also offer benefits for those who have professional licensing issues, such as doctors, psychologists, and real-estate agents.

An even better deal involves pleading guilty to reckless driving not involving alcohol, also known as dry-reckless.  A dry-reckless conviction is better than a drunk driving or wet-reckless conviction in every respect. Dry-reckless convictions usually carry only fines and probation, although the court may order the driver to attend alcohol-education classes. Like wet-reckless, a dry-reckless conviction is not priorable, meaning the driver won’t face additional punishment if arrested again for drunk driving within 10 years. Also, a dry-reckless plea doesn’t require an SR-22 if the driver is successful at a DMV hearing.

In certain cases, drivers initially accused of DUI / DWI may be allowed to plead guilty to exhibition of speed if the prosecutor’s case is particularly shaky. An offer to reduce a drunk driving charge to exhibition of speed is a bargain in the true sense of the word. Exhibition of speed conviction is usually punished with only a fine, although alcohol education classes may be required. Exhibition of speed isn’t counted as a prior drunk driving offense, and no SR-22 filing is required if the driver wins his or her DMV hearing.

In a best-case scenario, a drinking and driving charge may be reduced to a mere traffic infraction. Clearly, this is the best possible plea bargain available. The motorist may be allowed to plead guilty to a traffic infraction such as an unsafe lane change or speeding, and the drunk driving charge will be dropped. Traffic infractions are typically punishable by only a fine, and the driver may even be allowed to attend traffic school to remove the citation from his or her record. There is no requirement for an SR-22 or alcohol education courses, and the driver walks away without a criminal record.