The Prosecutor's DWI Misdemeanor DWI Algorithm

The Prosecutor's DWI Misdemeanor DWI Algorithm

Charlie discusses the factors that prosecutors consider when determining plea bargain offers for individuals charged with a DWI.


    Q: What factors do prosecutors assess when offering a plea bargain to someone charged with DWI?

    • A: Prosecutors consider four main factors:
      • Blood alcohol content (BAC) from tests like Intoxilyzer, breathalyzer, or blood tests.
      • Video evidence, which includes interactions with police and field sobriety tests.
      • The reason for the traffic stop, whether it involves a collision, traffic violation, or other circumstances.
      • The individual's criminal history, especially if it's related to alcohol offenses.

    Q: How do these factors influence the plea bargain offer?

    • A: The strength of these factors helps determine the type of plea bargain offered, such as jail time, probation, deferred adjudication, a reduction in charges, a Class C ticket, or diversion.

    Q: What are the key considerations for prosecutors when making these decisions?

    • A: Prosecutors primarily look at two things:
      • The amount of evidence indicating guilt in the particular case.
      • Whether the evidence suggests a likelihood of future DWI incidents.

    Q: Why do prosecutors take an individual's criminal history into account?

    • A: An alcohol-related criminal history can significantly impact the plea bargain offer, with more extensive histories leading to potentially harsher outcomes.

    Q: What is the ultimate goal of prosecutors when deciding on a plea bargain offer?

    • A: Prosecutors aim to encourage behavior change in individuals with a history of DWI or those who pose a risk of reoffending. They may be tougher in their plea bargain offers to achieve this goal.