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 Georgia, as in other states, plea bargaining is a common practice in DUI/DWI cases. The state allows the prosecution and the defendant to negotiate a plea deal to avoid the uncertainties of a trial. A defendant can plead guilty to the charges, often to a lesser offense or with an agreed-upon recommendation for sentencing, but such a plea must be made truthfully and voluntarily in open court. The judge must approve any plea agreement, and while the prosecution may recommend a particular sentence as part of the deal, the judge has the final authority to determine the appropriate sentence. If the defendant accepts a plea deal, there will be no trial, and the case will move directly to the sentencing phase. It's important to note that while plea bargains can offer benefits to both sides, they must be carefully considered, and it is advisable for defendants to consult with an attorney before making such a decision.