A strong defense may reveal to a prosecutor that the case has weaknesses that were not previously apparent. When the prosecutor has doubts about his ability to win at trial, an offer to plead guilty to a lesser charge might be made. The defense might issue a counter offer, seeking to further improve the result. Plea bargaining is the process of negotiating whereby the prosecutor agrees to allow a defendant to plead guilty to a lesser charge, one that will not involve all of the severe consequences of a drunk driving conviction.

An advantageous plea bargain could be one that results in avoiding a jail sentence, or license suspension, or both.

Factors that affect plea bargaining are the factual and legal issues raised and the experience, skill and reputation of the DUI defense lawyer. The result may also be affected by the official policies of a prosecutor's office and the extent of overcrowding in the individual court.

Ultimately, whether a case goes to trial or not is determined by a prosecutor's frank assessment of his or her chances of winning the case at trial, factoring in the facts of the case as well as the opposition, and the willingness of the defense lawyer to try the case if a plea bargain is not forthcoming. The decision to take or reject a plea to a lesser charge is made only after careful consideration in light of the DUI defense attorney's experience. At Fox Bowman Duarte, it is not uncommon for a plea bargain offer to be discussed by a team of attorneys before making a recommendation to the client. This way, many collective years of experience help to guide the decision.