Ultimately, a DWI case very well may be a case that should go to trial and not pled out. The reasons for this have to do with the types of punishments and consequences that are part-and-parcel to DWI law and typical factual scenarios that give rise to the charge.
In my experience, prosecutors are very hesitant to plea a DWI charge down from DWI to some other, lesser crime. In fact, they are often more willing to let a case get dismissed with nothing to show for their efforts rather than plead down to something else like careless driving.
Negotiations can be fruitful though if the goal of the client is to get a DWI subsequent offense pled down to a lesser DWI offense. For example, if a person is charged with an Aggravated DWI first offense, they may be offered a simple DWI first offense. Or if a person is charged with a DWI Second Offense, they may be offered a DWI first offense.
The first offer from an Aggravated DWI 1st down to a DWI 1st isn’t an amazing offer. True, if convicted of an Aggravated DWI 1st, you would not serve the mandatory 48 hours of incarceration. Avoiding jail is no small thing. But the other consequences of a DWI, which are multiple and quite important, would all still remain. The facts of your specific case matter, but very often it would be worth it to take the chance at trial even on a tough case; the chance of avoiding the DWI penalties is that valuable.
The second offer from a DWI Second Offense, down to a DWI first offense may be much more attractive. DWI 1st has a maximum of 90 days of incarceration while a 2nd has a range of 4-364 days. That is a real discount. The surrounding other consequences are also greatly reduced from a 2nd to a 1st. So unless the facts of the case make for a strong trial, in this situation you might think harder about taking the deal.
Also, consider what the Judge might do if you were to lose at trial. While I think that on a first DWI conviction, a Judge will not be inclined to sentence you to time after a trial, I am less confident about that after a trial on a 2nd offense. Would the judge sentence you to time beyond the 4 days mandatory? For some people, the certainty from the plea deal that this wouldn’t happen may be worth giving up the chance to win at trial. Others are more willing to take the risk and shoot for a victory.
While the plea offers by DA’s are often predetermined, predictable, and inflexible, the facts of your particular case will undoubtedly be unique. The value of a plea offer considers both the offer and the particular facts. It is the facts which determine the likelihood of victory at trial. And this likelihood is compared to the possible penalty and the relative reduction in the plea deal. This is generally how a good DWI attorney will help you determine whether to take a plea deal or go to trial.