Q: Will taking a plea deal lessen DUI penalties?
A: Pleading guilty, as opposed to being found guilty after trial, shows “acceptance of responsibility” which a judge can consider to be a positive factor in mitigation of any sentence. Further, in many cases, the prosecutor will offer to let you plead guilty to the lesser charge of Driving While Impaired (max 60 days, $500, 8 points) versus Driving Under the Influence (max 1 year, $1,000, 12 points). For first offenders, however, no jail and no conviction (therefore, no points), and probation, is a common outcome regardless of whether you plead to DWI or DUI. If, however, you violate probation, you’d be a lot better off with the lesser charge hanging over you. It could also factor into how you are treated in the future with a subsequent charge. Only accept a plea after you have thoroughly gone over your options with a lawyer.
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