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 Kentucky, as in other states, plea bargaining is a common practice in DUI/DWI cases. The government may offer a plea deal to the defendant to avoid the uncertainties of a trial and to save on the resources that a full trial would require. The defendant may accept such a deal to potentially receive a lesser sentence than they might if convicted at trial. A guilty plea must be made knowingly and voluntarily, with the defendant admitting to the crime in open court. The judge has the ultimate authority to accept the plea and impose a sentence. The terms of the plea agreement may include pleading guilty to lesser charges or the prosecution's commitment not to seek an enhanced sentence. However, the judge is not bound by these agreements and has the discretion to determine the final sentence. Once a guilty plea is entered, the case proceeds directly to the sentencing phase, bypassing the trial stage.