In any criminal case, the defendant must make a “plea” in court, which is the defendant’s response to the charges he or she is facing. When charged with driving under the influence of an intoxicating substance (“DUI”) for the first time, the defendant’s plea options are the same as they are in any other criminal case but the possible consequences depend on a variety of factors.
Guilty Plea
When defendants plead guilty, they are admitting that they committed the crime that they were charged with committing. By pleading guilty, defendants give up their right to have a trial and instead move directly to sentencing. If a defendant has entered into a plea agreement with the prosecutor, then the prosecutor will seek the sentence discussed in the agreement. Note that when a defendant pleads guilty in a criminal case, that fact can be used in a subsequent civil case where, for instance, a victim is seeking money for damage caused by the defendant while committing the crime. In the context of a DUI case, the “victim” could be the owner of a damaged car who wants to be compensated.
Not Guilty Plea
Defendants who plead not guilty in a DUI case are denying that they drove while intoxicated. There are many reasons why a defendant may plead not guilty even if the defendant committed the crime. For example, a defendant may have to enter a plea before they have a chance to negotiate a plea agreement with the prosecutor, or may not like the deal that the prosecutor is offering. Alternatively, a defendant may believe that the prosecutor will be unable to prove its case. Pleading not guilty preserves a defendant’s right to have the case go to trial, either in front of a jury or before a court.
Nolo Contendere Plea
When a defendant pleads nolo contendere (i.e., no contest), the defendant is neither admitting nor denying the crime alleged. The effect of this plea is the same as entering a guilty plea, but there are reasons why a defendant may choose this option. Most often, the plea is used as part of a plea agreement because the defendant does not admit guilt, which may be useful in a later civil case.
How to Plead in a First Time DUI Case
It is not uncommon for first time offenders in DUI cases to be offered a deal by the prosecutor. Depending on what the prosecutor is offering, it may be beneficial to enter into a plea agreement. Conversely, the prosecutor may not have enough evidence to win a conviction, so it may be in a defendant’s best interest to dispute the charge. Because there are many things to consider before entering a plea, it is important to seek the advice of a qualified attorney as soon as possible.
