What is a DUI?
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”. Both terms are used interchangeably, and both are considered misdemeanor crimes.
Laws around DUI and DWI are inconsistent between states, so you should be aware of their specifics depending on which state you are in. In Virginia, DUI or DWI specifically refers to the act of operating a motor vehicle, boat, or watercraft with a blood alcohol reading of 0.08% or higher. Driving after having used drugs, which can include legal, illegal, and prescription drugs is often referred to as DUID in Virginia, or “driving under the influence of drugs”.
What happens if you plead guilty to a DUI?
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. The legal system is very complex and it also pays to retain the services of a lawyer, who will be best placed to advise you.
Do you have to plead guilty to a DUI?
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. Everyone charged with a crime has the right to a trial, to face the witnesses, to hear and to present evidence in the case. This applies to all types of crimes, from the most serious such as murder, to lesser misdemeanor ones such as DUI.
When should you not plead guilty to a DUI?
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 not plead guilty just because:
- You are afraid of angering the court by wasting its time
- You feel that pleading not guilty is a “lie”
- You refused the breath or blood test
- You have been convicted of a DUI or DWI before, and feel the judge will assume your guilt
- You had an accident and feel the judge will assume you were drinking or using drugs
- The breath or blood test confirmed your blood alcohol reading was 0.08% or higher
- You assume the judge will always believe the police
- You believe everyone gets convicted of a DUI
As noted above, pleading guilty or not guilty is every person’s right under the US Constitution. Pleading not guilty is not “a lie”; It’s simply you exercising your legal right to ensure the matter proceeds to a trial. Breath tests can be wrong, police can make errors, and judges know this. Being involved in an accident or refusing the breath or blood test does not guarantee conviction, even if you have a previous DUI conviction. Not everyone is convicted of a DUI, and in some cases, even if you’re convicted after a trial, choosing to plead not guilty early on can dramatically affect your sentence.
When should you plead guilty to a DUI?
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. Pleading guilty to the DUI only may encourage the court to drop some of your other charges (for example, refusing a breath test). This is always a conversation you should have with your lawyer, however.