DUI lawyers field a lot of questions regarding car stops, testing, and legal proceedings. One of the most common questions these attorneys receive is whether an individual should plead guilty to DUI. Before entering any type of plea, individuals charged with DUI should understand the potential consequences. We provide some general information below but recommend requesting a Free DUI arrest evaluation to learn more about specific penalties that may be imposed.
Entering a guilty plea for a DUI charge usually involves waiving all constitutional rights regarding the case. These include waiving the right to a trial by jury. The document on which an individual does this typically outlines the potential consequences. In some jurisdictions, a judge will review the form in an open court session to ensure that individuals do not later claim to be uninformed regarding their rights.
Pleading guilty immediately results in a DUI conviction and it is very difficult to withdraw this plea. The individual should review the case with an experienced DUI lawyer to ensure that pleading guilty is the best decision. DUIRights.com offers free evaluations from reputable attorneys specializing in DUI cases. Going this route ensures that there are no surprise penalties.
Why You Should Not Plead Guilty to a DUI
Many people facing a DUI charge may feel overwhelmed and decide to simply plead guilty in order to resolve the matter quickly. However, this is not always the best option, and there are several reasons why you should not plead guilty to a DUI.
Lack of Evidence
In some cases, the evidence against you may not be strong enough to support a conviction. The prosecution must prove beyond a reasonable doubt that you were driving under the influence, and this can be difficult to do if there are inconsistencies in the evidence or if the breathalyzer results are unreliable. Before pleading guilty, it’s important to understand the strengths and weaknesses of the case against you and to consult with a DUI defense attorney to assess your options.
Potential for a Better Outcome
If you plead guilty to a DUI, you will likely face a conviction, which can have serious consequences, including a criminal record, higher insurance rates, and difficulty finding employment. By fighting the DUI charge, you may be able to negotiate a better outcome, such as reduced charges, probation instead of jail time, or even a dismissal of the case. A skilled DUI attorney can work with the prosecution to negotiate a plea bargain or to challenge the evidence in court.
In some cases, there may be mitigating circumstances that can be used to your advantage in court. For example, if you were driving under the influence due to a medical condition or because you were taking medication prescribed by a doctor, this can be used as a defense. An experienced DUI attorney can help you identify any mitigating circumstances and present them in court to help reduce the consequences of a DUI conviction.
Pleading guilty to a DUI is not always the best option. Before making a decision, it’s important to understand the evidence against you, to consider the potential consequences of a conviction, and to consult with a DUI rights defense attorney. With the right legal representation, you may be able to negotiate a better outcome and avoid the severe consequences of a DUI conviction.
DUI Conviction Penalties
Every state considers a DUI conviction a misdemeanor that may impose significant fines and as long as six months in jail. However, a first-time offender who did not injure anyone may receive a more lenient sentence. Although, if probation terms are violated, additional jail time is typically imposed. Many states do not impose a minimum jail sentence but between fines and mandatory DUI education, monetary consequences tend to be steep. The driver license of a first-time offender is usually suspended for as long as one year, though work commuting may be permitted.
Repeat DUI offenders usually face additional scrutiny that may result in harsher sentences. For example, if blood-alcohol content exceeds 0.15 percent and this is the second DUI conviction, a court is likely to increase fines, the license suspension period, and jail time. Ask a DUI lawyer about the potential penalties for a guilty plea on a repeat DUI offense in your state.
Whether this is the first, second, or third offense, the decision to plead guilty to DUI should not be made lightly. Learn about all the potential consequences by discussing the case with a DUI lawyer recommended by DUIRights.com. These attorneys help their clients achieve the most positive outcomes possible.
DUIRights Support is comprised of legal writers and attorneys who are able to generate useful information about issues relating to DUI. Please use all information at your own discretion and never use the information as legal advice without consulting with an attorney.
4 thoughts on “Should you plead guilty to a DUI?”
This my second dui and i blew a 0.13 should i plea.
You should have a DUI lawyer get the charges reduced. If there is enough evidence showing your intoxication then yes take a plea. BUT make sure your lawyer is checking everything for discrepancies before taking a plea bargain.
Officers dont have video showing probable cause. Isnt this imperative?
Yes your lawyer can argue this in court. The police need to have probable cause. What was the outcome of your case?