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 Missouri, 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 trial would consume. The defendant may accept a plea bargain to potentially receive a lesser charge or sentence than they might face if convicted at trial. It is essential that the defendant actually committed the crime to which they are pleading guilty, and they must admit this in open court. The judge is the only authority who can impose a sentence, and while the prosecution and defense may agree on a recommended sentence, the judge is not bound by this recommendation. If the defendant pleads guilty, the case proceeds directly to sentencing, bypassing the trial phase. The judge has the discretion to accept or reject the plea agreement's terms during the sentencing hearing.