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I got charged with my 2nd Aggravated DUI after 3 years. They are offering me a plea of 4 months in DOC again. Should I take it?

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I was charged with an Aggravated DUI back in Feb 2014. I was caught sleeping behind the wheel with a dead battery and a car that had no gas. My brother drove the car to the scene but we switched seats because the key was stuck in the ignition and he couldn't get it out. I tried to get it out rather than leave it there with the car but we both ended up falling asleep while waiting for a friend to pick us up. I later discovered that it was stuck because it's on an electronic release (BMW 335i) When the cops came, we both told them that he was driving but they didn't buy it. I did no field sobriety tests, refused the breathalyzer but they did get blood 2 hours later. My BAC was .20 I took video of the car behind towed out of the impound and the police reports also state the car was dead.

8 Attorney Answers

Best Answer
No competent attorney can advise you to take a deal or not without reviewing all the evidence on your case and speaking with the prosecutor. It's against the code of professional conduct.
Best Answer
Sounds like you have a defense. The question is, will the jury buy it if it goes to trial? I am not sure if there are AZ cases on point, but KY has Wells v. Commonwealth, 709 S.W.2d 847 (Ky. Ct. App. 1986) [Linke Below], which outlines the elements to convict a sleeping person behind the wheel. You should hire an attorney in AZ who focuses on DUI and tell them the facts exactly as you posted them here. The penalties for a second DUI are usually greater, and unless you cannot afford one, I would recommend hiring an attorney.
Best Answer
An online forum offering free legal advice is not the place to make such a decision. It requires you consult with and retain a competent, experienced criminal defense attorney familiar with Arizona DUI/DWI defense. Do so immediately. Also, stop drinking and driving.
Best Answer
To take a plea or not take a plea is a decision that is up to you. Based on the facts presented by you, you have a defensible case based on the jury instructions that will be given to the jury. However, it is a jury issue and your decision to make. You need to speak with your lawyer.
Best Answer
I would advise that you speak to an attorney ASAP about this situation. Most attorneys, myself included, offer a free consultation. I would strongly encourage to take advantage of a free consultation where you could discuss your charges, possible outcomes and defenses.
Best Answer
That's a tough call and one that only you can make. The reason it's tough is the risk benefit analysis. In Arizona, a 2nd Agg DUI carries a mandatory prison sentence and the presumptive is 4.5 years. So if you fight and lose, you will be going to prison for longer than 4 months. On the other hand, from the facts you reported, you have a very defensible case. Of course, there is no guarantee of winning at trial so you have to decide if it worth the risk to fight the charge. You should only make that decision after having reviewed all of the available information with your attorney
Best Answer
Sounds like you have a possible defense. You need an experienced DUI lawyer to review the evidence and speak to the witnesses on your behalf. An Arizona jury may agree with you.
Best Answer
The decision is up to you. I would weigh the risk of not winning pretty heavily. You will spend more time behind bars if you do not win.

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