How Will You Plead After Your DUI Arrest?

Being held in jail because of a driving under the influence (DUI) arrest can come as an unpleasant surprise for many. The law requires you to be formally charged and informed of your options soon after an arrest. In many cases, defendants have barely had time to catch their breath before they are expected to enter a plea. Read on to find out about your choice in pleas after a DUI arrest and be ready when the judge asks you "how do you plead?"

At the Arraignment

In most cases, you will be informed of the charges and asked to enter a plea at a meeting known as an arraignment. Arraignments usually happen soon after an arrest. Since being released from jail on bail is of prime importance to most defendants, bail is often discussed during the arraignment. Also discussed at the arraignment is legal representation. You will be asked whether or not you have an attorney. While many do not have an attorney at the time of the arraignment, it's in your best interest to find a criminal law attorney who practices DUI law as soon as possible. Here are your three plea choices during arraignment:

  1. Not Guilty – In nearly all cases, legal advice invariable suggests that defendants should only consider one plea: not guilty. This is likely the first of several actions in which you are better off taking advice rather than basing your actions on your emotions. Not guilty leaves you the option of later changing your plea if offered a plea bargain.
  2. Guilty – You must consider that it is probably far too soon to understand the full implications of pleading guilty at the arraignment. Most DUI arrests never go to trial and you may not realize how weak the state's case is against you until later on. There are several issues that must be explored with your DUI case. Your lawyer, for example, will be carefully reviewing the evidence against you and evaluating the legality of everything from the roadside stop to the results of the field sobriety testing. Until you know more, pleading guilty right away only makes it more likely to be offered a less-than-optimum plea deal from the outset.
  3. No Contest – This means that you are not admitting guilt but are not in disagreement with the charges. As you might imagine, no contest may only sound better, at first, than a guilty plea but it means almost the same thing. After speaking to your lawyer, you may later change your plea from not guilty to no contest, but stick to not guilty at the arraignment.

Speak to a DUI Attorney to find out more.

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