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 North Carolina, plea bargaining in DUI/DWI cases is a common practice where the government may offer the defendant a plea deal to avoid the uncertainties of a trial. The defendant must genuinely admit to committing the crime in open court to enter a guilty plea. This admission is made before a judge, who is the only authority that can impose a sentence. Plea agreements often involve the defendant pleading guilty to lesser charges or the prosecution agreeing not to seek an enhanced sentence. However, the final sentencing decision rests with the judge, even if both parties have agreed on a proposed punishment. The judge has the discretion to accept or reject the plea deal. If the plea is accepted, the case proceeds directly to a sentencing hearing, bypassing the trial phase.