Under these circumstances, attempting to minimize the possible penalties through plea bargaining makes sense. (In some states, it's even possible to plea bargain for a lesser charge like reckless driving —sometimes called a "wet reckless" in the context of a DUI case.)
Full Answer
Getting you to plead guilty to your DUI charge is something every prosecutor is likely to try doing. It shows that the prosecutor’s office is tough on crime while also saving the judicial system time and money. However, getting you to plead guilty doesn’t always mean getting you to accept the initial charges.
You then respond "guilty" or "no contest," depending on which one you agreed to. Does a DUI Guilty or No Contest Plea Count as a Conviction? When you plead guilty or no contest to a DUI charge, the judge will find you guilty and the court clerk will enter a conviction.
Prosecutors who have doubts about their ability to prove a DUI at trial are more apt to offer plea bargains favorable to the defendant. So, in many DUI cases, the defendant ends up entering a guilty or no contest plea at the second or third court date.
Most people who are charged with driving under the influence (DUI) don't take their case to trial. Generally, trial is the way to go only if you have a decent shot at winning. If the jury finds you guilty at the end of a trial, the time and money (assuming you hire an attorney) you'll have spent fighting your case will have been for nothing.
DUI is a term that is a shortened way of describing the criminal offence of “driving under the influence” of a substance which may impair driving ability, such as alcohol or drugs. In Virginia, they tend to prefer using DWI instead, which is the abbreviation for “driving while intoxicated”.
So what happens if you plead guilty to a DUI? Pleading guilty to your DUI means the case will not proceed to a trial. The benefit of this is that it will bring a conclusion much faster. However, you owe it to yourself to take the above into account before making your plea decision.
One law that’s the same throughout the entire US is around plea requirements. No one is required to plead guilty to a criminal charge in any state, and Virginia is no exception. This is a protection that all US citizens enjoy under the Constitution.
Perhaps the most obvious time to not plead guilty to a DUI (or any) charge is when you know you are innocent. But there are also several myths around pleading guilty or not guilty, so it’s worth keeping these in mind.
You should only plead guilty to a DUI if you’re being offered something that’s likely to benefit you. In some cases, the courts may be willing to offer you a reduced sentence. Another example of when pleading guilty may be the right course of action is when you’re facing multiple charges.
If you plead not guilty, you case will proceed towards trial. If you plead either guilty or no contest, you will proceed to sentencing. While there may be some functional reasons to plead no contest to a DUI charge, it is the same as pleading guilty for purposes of sentencing.
After you’ve been arrested for a DUI in Los Angeles, you will be presented with several chances to plead guilty. A prosecutor may approach you before your arraignment, promising you a sweetheart deal that is allegedly better than proceeding to trial. It may even feel tempting because you know you had a little bit of alcohol in your system ...
A plea bargain still means that you will be pleading guilty, but ideally one that is more in your favor. This might come in the form of a less harsh punishment or even a less severe charge on your record.
License Suspension: Between six months and four years, which may run concurrently with the DMV’s automatic administrative suspension for a DUI arrest. Jail: Between two days in a local jail to 16 months in a state prison. Probation: Up to five years. DUI school: Mandatory DUI classes lasting weeks or months.
The sorts of penalties you face for a “standard” DUI include: 1 Fines and fees: Thousands of dollars in state-mandated fees and court assessment fees 2 License Suspension: Between six months and four years, which may run concurrently with the DMV’s automatic administrative suspension for a DUI arrest 3 Jail: Between two days in a local jail to 16 months in a state prison 4 Probation: Up to five years 5 DUI school: Mandatory DUI classes lasting weeks or months 6 Driving restrictions: Installation of an ignition interlock device
Wet reckless: Driving recklessly with alcohol in your system, which can count against you if you’re later charged with a DUI. Dry reckless: Driving recklessly but will not count against you if you’re charged with a DUI.
Traffic violations: Lesser charges that are rarely offered, unless there is reason to doubt a prosecutor can prove you had alcohol in your system. Drunk in public: Lesser charge that is rarely offered, unless there is doubt about whether you were driving under the influence or not.
If you have been charged with a DUI you are more likely to get a better outcome when you have an attorney fighting for you. Schedule a free, case assessment with a member of our Criminal Defense Team when you call 303-688-0944 or click here.
Even though DUIs are the most common traffic offense, they are very serious and carry stiff penalties. Many people try to hand the DUI on their own. However, when you hire a criminal defense attorney, you have someone to fight for your rights and advocate for reduced consequences so you can more quickly move on with your life.
You were arrested for DUI, and now you have a citation that tells you to appear between two dates in court. For example, it may say to appear between September 12th and September 24th. When you appear at the courthouse, you are directed to the clerk’s office. The clerk will ask you how you want to plead, guilty or not guilty?
Should you plead guilty or not guilty? At this stage, unless an attorney has advised you otherwise, you should always plead not guilty. Some people think this is a bad idea because it will appear you do not accept responsibility for your behavior, and the court will hold this against you.
The reason for this is that the judges know that it is routine to do this initially in a case before an attorney has reviewed the file. The attorney needs to request discovery. He needs to negotiate with the prosecutor or discussed the matter with his client.
Whether you should take a plea bargain for a DUI is going to depend on a number of factors.
Once you enter a not guilty plea, the court will set the matter for a “pretrial conference.” You should complete all these procedures before the pretrial conference date. Then you may be able to resolve the case at the time of the pretrial conference.
Do not enter a guilty plea to a DUI at any point without consulting with an attorney. You may have legal defenses to the charge. The government’s case may have a defect. There may be room to negotiate with the prosecutor before entering a plea. It is always important to consult with an attorney before entering a guilty plea.
The judge will want to know if yours is an “informed” plea. That means that the judge wants to be assured that your lawyer or Duty Counsel did a pre-plea comprehension inquiry with you. Some judges will do this inquiry on the record.
If you are charged with both impaired driving and operating a motor vehicle with a blood alcohol concentration of over 80 mg, you can only be convicted of one (not both) of these charges. The Crown will now stand up and read some or all of the facts from your disclosure.
Sometimes, the whole process may not happen on the same day. For example, there may be a reason to adjourn sentencing to a later date. If that is the case, after you have entered your guilty plea, a next court date has to be arranged for you to return to court because something has to happen before the sentence can be put into place.
If your sentence does not involve jail or probation, you are free to leave the court once you have signed your paperwork. If you are going to jail, you will be taken into custody immediately from the courtroom.
If you are participating in the Stream A, Stream B or Stream D programs, you must complete the assessment component of Back on Track, pay the fine and victim fine surcharge and sign a contract for an Ignition Interlock device, during the period of your minimum absolute prohibition (the period of no driving before you drive with the interlock device).
Be there in plenty of time. You may be delayed going through security, if you are at one of the courthouses that have security at the entrance. Everybody on the docket is “on” at the same time, but obviously everybody does not go at once and you will probably have to wait – possibly for hours before your name is called.
In 2018 alone, over 32,000 people were arrested for driving under the influence in Florida, according to figures from the Foundation for Advancing Alcohol Responsibility.
Whether or not you choose to plead guilty or no contest to your DUI charge is ultimately your choice. It may make sense to weigh up the specifics of your case, consider the evidence against you, and evaluate the potential damage to your life a guilty plea may cause.
In Florida, even your first case DUI guilt may lead to the following consequences:
If you choose not to plead guilty or no contest when facing a DUI charge, you will be taken to court.
Unfortunately, with DUI charges, there is no allowance for deferred sentencing.
If this was the first time you have received a DUI charge, it is entirely possible that your case could be dismissed entirely.
If you are facing a DUI charge, there are a number of beneficial things that the correct legal representation can provide. These are as follows:
What happens if you plead not guilty to a DUI is that your case will move to the next steps in the court process. You will likely have a pretrial conference with the prosecuting attorney in order to talk about plea negotiations. In the meantime, you have time to pursue preliminary motions about evidence and other matters.
Yes, you can change your mind after pleading not guilty. When you plead not guilty, you have the chance to negotiate plea offers with the attorney that represents the people. If you reach a resolution, you may plead guilty to a reduced charge.
Yes, you can plead down a DUI. Many states have lesser alternatives to DUI like impaired driving or even reckless driving. The prosecuting attorney may be eager to offer you a plea just to get a case of their busy docket. A plea offer often comes with reduced maximum penalties and fewer driver’s license penalties than the original charge.
Are you facing a DUI charge? Are you wondering how to plead? The sooner you talk to a criminal defense attorney, the sooner we can begin helping you with the case. Local court procedures can vary.