The government may offer the defendant in a DUI/DWI criminal prosecution a plea bargain or “deal” to avoid the time, cost, and risk of failing to secure a conviction at trial—and the defendant may accept such a plea deal to reduce the risk of a greater sentence. A defendant may only plead guilty if they actually committed the crime and admit to doing so in open court before the judge. When the defendant admits to the crime, they agree they are guilty and agree that they may be sentenced by the judge presiding over the court—the only person authorized to impose a sentence.

Sometimes the defendant and the government/prosecution agree that the defendant will plead guilty—sometimes to lesser charges than the defendant is facing—and agree what the punishment will be—subject to the court’s approval of the plea deal. And sometimes the defendant will agree to plead guilty and the government/prosecution will agree not to recommend an enhanced sentence—but it is up to the judge to determine how the defendant will be sentenced or punished.

If a defendant pleads guilty there is no trial and the next step is to prepare for a sentencing hearing.

In New Jersey, plea bargaining in DUI/DWI cases is a common practice where the government (prosecution) may offer the defendant a plea deal to avoid the uncertainties of a trial. The defendant can accept this deal to potentially receive a lesser sentence than they might if convicted at trial. However, a guilty plea can only be entered if the defendant truly committed the crime and admits to it in open court. The judge is the only authority who can impose a sentence, and while the prosecution and defense may agree on a plea that includes specific terms for sentencing, the judge must approve the plea agreement. If the defendant pleads guilty to a lesser charge or for a recommended sentence, the prosecution may agree not to seek an enhanced sentence, but ultimately, the judge has the discretion to determine the final sentence. Once a guilty plea is entered, there is no trial, and the case proceeds directly to a sentencing hearing.