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 Dakota, 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 and expenses of a trial. The defendant can accept this deal to potentially receive a lesser sentence than they might if convicted at trial. However, a defendant can only plead guilty if they truly committed the offense and must admit to this in court. The judge is the only authority who can impose a sentence, and while the prosecution and defense may agree on a plea that includes specific terms for sentencing, the judge must approve the agreement. If the judge does not approve, they have the discretion to determine the appropriate sentence. Once a guilty plea is entered, the case moves forward to the sentencing phase without a trial.