Why do some people get plea bargains on their cases but other defendants do not? That question is impossible to answer precisely; however, a very good answer is simple: it depends.
I advise clients of 10 "high risk factors" that increase the odds of a DUI conviction. Conversely, the fewer of these factors, the greater the odds of a pre-trial settlement on favorable terms. In no particular order, the following 10 high risk factors in Central Ohio (the counties in which we primarily practice):
1. Car Accidents
2. Blood Tests
3. Breath Tests
4. Urine Tests
5. Video showing an impaired client
6. 1-800-GRAB-DUI calls about our client
7. Client or passenger statements tantamount to confessions of being DUI
8. Rudeness & belligerence towards police officers
9. The county the DUI arrest occurred
10. Prior Convictions for DUI
Again, there is no fool-proof method to avoid a DUI conviction (including not drinking and driving--more on that topic later). These are simply what I have found time and time again that aided or prevented a favorable disposition for clients. Finally, I do believe the retaining the right person to be your attorney will put you on the one yard line. However, every reputable lawyer in every niche in every state has their fair share of defeats and impossible cases.