If I plead not guilty of a DUI and I'm convicted, will I face harsher punishment?

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Question:

If I plead not guilty of a DUI and I'm convicted, will I face harsher punishment?

Answer:

Pleading guilty to drunk driving charges will lead to immediate and lasting consequences on your driving record, your criminal record, and your insurance records.  You should not plead guilty for fear of harsher punishments later though. Many drivers charged with DUI are pressured to agree to a plea bargain following a DUI charge and sometimes they are pressured to plead guilty to a DUI as part of the bargain. There are other options though, even in plea bargaining, other than pleading guilty to a DUI. You may be able to plead to a lesser offense such as reckless driving, but once you plead guilty, you probably cannot take it back.

Every person has the right to plead not guilty and has the right to a jury trial. Whether taking advantage of or waiving either right is best for your situation will depend on the specific factors in your case. If you plead not guilty and you are later convicted, you will not necessarily face harsher punishment than if you had plead guilty. The only way to lessen the punishment following a conviction is to agree to a plea bargain before the punishment is given by the court. A plea bargain can be made after a person initially pleads not guilty so pleading not guilty is almost always the best course of action immediately following a charge before you consult with an attorney.

Getting Legal Help

If you have been charged with DUI, you should consult an attorney before agreeing to anything. You should not plead guilty to anything, even a lesser charge, until you talk to an attorney in your area who knows the law and who knows the process. A local attorney may also know the prosecutor and be familiar with how the local court is likely to treat a case like yours before you decide how to proceed.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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