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Should I Accept an Impaired?
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If you are representing yourself on an OWI charge and the prosecutor has offered a plea to the reduced charge of Operating While Visibly Impaired, you need to understand that this is typical. Most people are capable on a first time offense of obtaining a plea agreement to impaired driving without jail.
If you intend to continue representing yourself, you really do not have much choice in the matter because you will not have the skill or ability to represent yourself at trial. Keep in mind, however, that you have not succeeded in “convincing” the prosecutor to enter into a great deal. You may, in fact, be doing yourself a grave disservice.
If you are represented by an attorney, the question of whether to accept a plea to the reduced charge of Operating While Visibly Impaired is more difficult to answer. The critical issue is whether your attorney has done all that he or she can do in terms of exploring defenses in your case. If the attorney has taken these steps but recommends you enter a plea agreement, it may be because there is little likelihood of success at trial or because you cannot afford to proceed to trial. If, on the other hand, the attorney has only met with the prosecutor once and reviewed the police report, you might consider getting a new attorney.
