Will Your DUI Case Go to Trial?

Although every DUI case has the potential to go to trial, most are resolved through plea bargains. There are many factors that help determine the best way to proceed with a case, but ultimately, it is up to the defendant to choose whether to bring the case before a judge or jury or accept a plea bargain.

DUI Trials and Plea Bargains

More than 98 percent of defendants settle for plea bargains that eliminate the time, expense, and uncertainty of a jury trial. A plea bargain is an arrangement made between the prosecutor and the defense attorney that the defendant will plead guilty or no contest in exchange for a reduced sentence. If a plea bargain is accepted by the defendant, the penalty for the DUI offense is agreed upon by all parties.

Once the defendant pleads guilty to the DUI charge, there is no jury trial. A conviction results and guilt is established immediately. The conviction will show up on the defendant’s record, and he/she will face appropriate penalties for the DUI offense. Prosecutors often negotiate plea bargains rather than going to trial. Plea deals benefit the court system by reducing court costs and providing fast resolutions to the case. However, the defendant is deprived of his/her chance of getting a not guilty verdict through a jury trial. In addition, cases that involve plea deals are difficult to reopen if a new trial is requested. Most prosecutors fight to uphold plea deal convictions.  

Accepting a Plea Bargain

In many DUI cases, a plea bargain is the best option, especially if there is overwhelming evidence of the defendant’s guilt. While a DUI attorney will provide criminal defense, there’s still a chance that the defendant may be found guilty by a jury and sentenced to harsher penalties. A plea bargain allows the defense attorney to negotiate either a lesser charge, a reduced sentence, or both.

Before a case goes to trial, a settlement conference will be set to discuss a plea bargain agreement. It’s essential that the DUI attorney handling the defense explains the pros and cons of accepting a plea bargain. In most cases, if the DUI case goes to trial and the defendant loses his/her case, the judge can impose the maximum penalty. A Minnesota DUI conviction can result in large monetary fines, loss of driving privileges, and jail time.

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

The Surprising Cost of a Guilty Criminal Plea in Minnesota

Defendants in Minnesota may plead guilty or accept deals without understanding the hidden cost of a guilty criminal plea. A guilty criminal plea, regardless of how appealing it appears, can leave you dealing with substantial lifelong consequences. You may skip lengthy trial proceedings and likely get a lenient sentence, but end up with a criminal record. The record can lead to various financial and collateral consequences, including difficulty in securing employment, loss of housing rights, license revocation, and immigration issues.

What You Can Expect at a Pre-Trial Motions Hearing in Minnesota

The pre-trial motions hearing is a court session you attend after your first arraignment. At the hearing, the prosecution and defense appear before a judge to clear several details about the case before trial. These details include pre-trial motions, evidentiary queries, and constitutional matters.

Refusing Arrest vs. Resisting Arrest in Minnesota: What’s the Difference?

Highly publicized incidents of police using excessive force over the past few years have led to people wondering, “What’s the difference between refusing arrest vs. resisting arrest?” Resisting arrest in Minnesota occurs when you use force to prevent a police officer from making a lawful arrest. Refusing an arrest, on the other hand, involves statements or actions that show reluctance to cooperate with an officer’s instructions without using force.