Every person has made mistakes at some point. Although most mistakes, while regrettable, do not cause irreparable or even long-term damage, some mistakes carry irreversible and life-altering consequences. Unfortunately, one small lapse in judgment can upend your life and put your future at risk. Driving while under the influence of alcohol or drugs (DUI) is considered a criminal offense in California, even if the driver’s actions did not cause a collision. However, when driving while intoxicated ends up taking the life of someone else, you could face serious criminal consequences. DUI homicide, sometimes also referred to as vehicular manslaughter, refers to cases in which a driver’s reckless or negligent behavior causes the death of another person (i.e., a passenger, another driver, pedestrian, or cyclist). Any instance in which someone’s life is lost involves serious criminal charges and significant penalties if the defendant is convicted. If you are facing DUI homicide charges in Los Angeles County, it’s natural to feel overwhelmed and intimidated by the daunting legal process ahead of you. However, you do not have to move through the criminal justice process on your own, as you can enlist the guidance and support of a highly qualified and experienced criminal defense attorney to advocate for your best interests at every turn. This post will explore some of the strategies, such as plea bargains, that you and your DUI homicide defense lawyer may use to maximize your chances of obtaining the best outcome possible given the specific circumstances of your case.
What is DUI Homicide in California?
California law recognizes that anyone who drives while under the influence of alcohol or other controlled substances is knowingly endangering the safety of others. Whenever someone has committed a DUI offense (even if there was no collision, injuries, or deaths associated with this behavior), the defendant will be given a formal “Watson admonition” by either the court-mandated California DUI school or during court proceedings for the DUI incident. Essentially, the Watson admonition serves as an official warning to defendants that such behavior is extremely dangerous and that a subsequent conviction could lead to murder charges. Most first-time DUI offenders will not face second-degree murder charges. However, prosecutors may file DUI homicide charges any time there is a fatality resulting from a DUI-related collision. In these instances, prosecutors must prove that the defendant acted with “implied malice,” meaning that their reckless behavior showed a reckless disregard for human life. DUI murder is prosecuted as a felony offense, punishable by fifteen years to life in California state prison, a fine of up to $10,000, and a “strike” on the defendant’s criminal record (in accordance with California’s “Three Strikes” law). The severity of the penalties increases when additional parties suffer injuries due to the defendant’s reckless behavior behind the wheel.
How to Plea Bargain a DUI in Los Angeles County
Even those who have no previous encounters with the California criminal justice system may have heard the term “plea bargain” as a potential strategy for lessening the penalties for the defendant. Plea bargains allow the defendant to negotiate with the prosecution for less severe penalties (i.e., less time in jail, fewer fines, mandatory counseling, etc.). Essentially, a plea bargain offers the defendant a way to accept culpability for a crime in exchange for a reduced or less severe sentence. In other words, prosecutors are able to secure a conviction without taking the case to trial, and the defendant is able to receive a reduced sentence for admitting some degree of guilt. There are two primary types of plea bargains available to California defendants: Charge bargains (where the defense negotiates reduced charges that carry lesser sentences; and sentence bargains (where the defense accepts the charges but negotiates a less severe sentence. Those facing a first-time DUI California plea bargain often have several questions about what to expect during this process and some of the potential advantages and downsides of accepting a plea deal.
Plea Deal for DUI Crimes in California
First, it’s helpful to understand how plea deals typically unfold. Plea bargains usually start with the defendant’s criminal defense attorney approaching prosecutors about a potential plea deal. After the criminal defense lawyer has explored the possibility of having the case dismissed, negotiating a plea bargain may be a viable option that’s worth considering—especially if the prosecution has strong and compelling evidence of the defendant’s culpability. Your DUI defense attorney will work with prosecutors to determine the viability of a plea bargain, protecting the legal rights and best interests of the defendant at all times. It’s also important to note that plea bargaining can occur at any point during the legal process (i.e., before formal charges are filed, before the trial begins, during the trial, or before the jury deliberates). However, a plea bargain is no longer an option once the jury has handed a verdict.
Potential Benefits and Drawbacks of Plea Bargaining
A plea bargain is not the best choice for every criminal case. In general, however, the advantages of plea bargains include the possibility of a reduced sentence or less jail time, a shortening of the timeline because the case will not proceed to trial, and a reduction in legal fees and court costs. The most noteworthy downside of negotiating a DUI plea bargain is that admitting culpability essentially convicts you of the crime. The nature of the conviction can impact the defendant’s reputation, employment opportunities, professional licenses, and personal relationships. Moreover, plea bargaining is usually a one-time offer, which means that this option will likely not be offered for a subsequent offense. The decision of whether to pursue a plea bargain is up to you and your Los Angeles County DUI defense attorney. Working with a seasoned and highly qualified lawyer will help you navigate the complexities of plea bargain negotiations, receive advocacy for favorable terms, and keep your legal rights upheld at every opportunity.
If you or a loved one is facing DUI homicide charges in Los Angeles County, you need reliable and experienced criminal defense services right away. Call Wegman & Levin today at (818) 980-4000 to arrange a free consultation with a highly qualified criminal defense attorney.
