If you enter a plea of guilty to a DUI or DWI, this will look the same on your record as if a jury had convicted you of the charge. While a guilty plea can sometimes be strategic in order to get a plea bargain, it is vital that you first understand the full consequences you could face and the rights you could be giving up if you plead guilty. To understand what the best strategy is in your particular case, you will need to set up a consultation with a DUI lawyer. In the meantime, here is a general overview of what it would mean for you if you decided to plead guilty.
First of all, there is the matter of your constitutional rights. When someone enters a guilty plea, the bailiff usually hands that person a form that says they will be giving up certain legal rights, including the right to remain silent, the right to a jury trial, and the right to cross-examine witnesses. Perhaps the judge would explain the disclosures in court, so that it is on the record. In that way, someone cannot claim after the fact that they did not know their rights before pleading guilty.
A guilty plea would be treated the same as any other DUI conviction. What are the potential penalties for a DUI or DWI? It will depend on the type of charge and the laws in your state, but a guilty plea for a first-time DUI (with no aggravating factors like causing injuries) would likely lead to:
- Up to 6 months in jail
- Fines
- Mandatory DUI school (which you pay for yourself)
- Driver's license suspension
- Probation for up to 3 years
- A criminal record
The same goes for a "no contest" plea, or a plea of
nolo contedere. If you enter this plea, you are not saying whether you are innocent or guilty, but that you will take the penalties same as for a guilty plea anyway. So a "no contest" plea is just about the same as a guilty plea, very rarely making any material difference in a case (though there are states where this plea will save your driver's license). Again, this is not a plea that you want to enter before you get the advice of a trusted DUI attorney.
What if you already have DUI conviction on your record? If this is your second or third DUI charge, then you definitely need the counsel of an attorney, especially before entering a plea. Being charged as a repeat offender opens you up to getting the maximum sentence available in your state.
Is there no way to go back and change your guilty plea? If you plead guilty, it will be almost impossible to withdraw this plea, to undo the conviction. That is why you do not want to make such a major decision without a legal expert's help.
An experienced DUI attorney will not only carry a thorough knowledge of your state's laws, but will likely know the court, perhaps even the judge and prosecutor in your case. It would be invaluable to have a local attorney review the details of your charge to see if they think you should plead guilty or not. An attorney might realize that they could fight for your rights and beat your charge. Or perhaps they can first get your charges (and penalties) reduced before you plead guilty. When you have so much on the line, you need to make sure that you are making the best decision for your future. Find the DUI lawyer you need on our directory today!