Should You Plead Guilty or No Contest to a DUI Charge?

For anyone who's charged with driving under the influence (DUI), there are generally several ways of handling the case. Typically, it comes down to either making a plea deal with the prosecution or fighting the charge at trial. Here are some things to consider before deciding whether to plead guilty or no contest to a DUI charge.

Weighing Your Options Before Pleading to a DUI Charge

The consequences of a DUI conviction can be severe. So, it's always a good idea to talk to an experienced DUI lawyer (whether that's a private lawyer or a public defender) before making any decisions in your case. Every case is different, but here's some basic information about DUI pleas and trials.

Accepting a DUI Plea Bargain

Most DUI cases are resolved through plea bargaining. It's usually the quickest and easiest way to handle a case. And making a decent plea deal can also be the most beneficial option for the defendant in many cases.

In lots of DUI cases, the evidence against the defendant is strong, and there aren't any good defenses available. Under these circumstances, attempting to minimize the possible penalties through plea bargaining makes sense. In some states, it's even possible to plea bargain for a lesser charge like reckless driving—sometimes called a "wet reckless" in the context of a DUI case.

Some states have enhanced penalties for drivers with a high BAC (usually 0.15% or higher). And all states have increased penalties for second or subsequent offenses. In some cases, the prosecution might be willing to allow a driver charged with an elevated BAC to plead guilty to a regular DUI without the increased penalties. A prosecutor also might let a driver plead to a first offense instead of a second offense, especially if the case against the driver isn't strong.

Many states also have special programs (like first-offender programs and DUI courts) for eligible offenders. Generally, these programs allow participants to avoid some of the harshest DUI penalties (like jail time and license suspension) in exchange for participation in substance abuse treatment or other programs aimed at preventing future DUI violations. For certain people, these programs offer a good alternative for resolving a DUI charge.

Is It Worth Going to Trial for a DUI?

Going to trial on a DUI charge is a more involved process than plea bargaining. But in cases where there are good defenses available, it might be worth the extra effort (and money, assuming you hire a private DUI attorney). The risk of going to trial is that, if convicted, you could end up facing penalties that are more severe than those you would have gotten through plea bargaining. However, if your defenses are strong, you could walk away without a criminal conviction.

Common DUI defenses include challenging the legality of the stop or arrest, arguing that the blood or breath test was inaccurate or improperly administered, and challenging the officer's testimony about the driver's appearance and performance on field sobriety tests.

Some States Prohibit DUI Plea Bargaining

In some states, the prosecution is prohibited from dismissing or reducing DUI charges. For instance, Oregon prohibits plea bargaining for DUIs. In other words, a driver can't plead guilty or no contest to another offense in exchange for a dismissal of the DUI. If you're charged with DUI in Oregon, you generally have two options: plead guilty to DUI or go to trial. However, certain offenders can obtain a dismissal by completing a diversion program. (Or. Rev. Stat. §§ 813.170, 813.200, 813.215, 813.230, 813.250 (2025).)

Pleading to a DUI Charge in Court

The process for pleading guilty or no contest to a DUI charge is fairly simple. You'll appear in court with your attorney and tell the court your plea. Normally, you'll need to initial and sign a few forms acknowledging that you understand the rights you're giving up (such as the right to a jury trial) by pleading to the charge. In some courts, the judge goes over the forms with you in detail to ensure you understand the consequences of your plea.

Guilty and No Contest Pleas Lead to Criminal Convictions

Once you plead guilty or no contest, the judge will find you guilty of the charge. The judge finding you guilty means you'll have a criminal conviction on your record.

However, participation in certain programs previously discussed (like first-offender programs) will sometimes allow successful participants to avoid a criminal conviction.

Likely Consequences of a DUI Conviction

Most DUI convictions are misdemeanors and carry no more than a year in jail. The fines for a DUI normally range from several hundred to several thousand dollars. Convicted drivers also typically face license-related consequences such as suspension and having to use an ignition interlock device (IID) for a period of time.

However, if a DUI offense involves certain aggravating factors (like injuries or deaths) or the offender has prior DUI convictions, the current offense might be a felony, and the consequences of a conviction can be much more severe.

Getting Help From a DUI Attorney

DUI laws are complex, and the facts of each case are different. If you are charged with DUI, talk to an experienced DUI attorney in your area. A qualified DUI lawyer can look at the facts and help you understand plea options and strategies for trial if you choose not to plead guilty.