Every case is different, and it is often hard to negotiate a rescission even if the DUI case is weak. But what do you do if you have a DUI case that is winnable at trial and the prosecution offers to rescind the statutory summary suspension to induce you to plead guilty? Many people will jump at the rescission, after all, you get to drive immediately and many people need to drive to make a living. Although they will now have a DUI on their record and will have to take alcohol classes and pay a high fine, their license is worth that.
However, you need to keep a couple things in mind when making the decision. Assuming you really can beat the DUI case, it is often beneficial to just deal with the summary suspension. If you are a first time offender, the suspension is either going to be 6 months or a year, but you can get a permit to drive 24/7 if you agree to have a BAID device installed in your car. There is a 30 day hard suspension, but after that if you can afford to get the BAID device in the car, you can drive whenever you want. And the advantages of not pleading guilty are significant. You will not be on the courts supervision, you will not have to take any alcohol treatment classes or pay any fines, and, most importantly, you will not have a DUI on your record. You will not have to disclose it to future employers, and if you pick up another DUI in the future, you will still have the option of getting supervision on that future DUI.
Every person’s circumstances are different, so there is no right answer. Just some things to think about when you and your attorney are deciding how to proceed with the case.
Author: Dennis Dwyer