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 Minnesota, 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 defendant can only plead guilty if they truly committed the offense and must admit to it in court. The judge is the only authority who can impose a sentence, even if the prosecution and defense have agreed on a plea deal. The terms of the plea agreement, including any agreed-upon sentence, must be approved by the court. If the prosecution and defense cannot agree on a sentence, the judge will decide the appropriate punishment after the guilty plea is entered. Once a guilty plea is accepted by the court, there is no trial, and the case moves to the sentencing phase.