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 Vermont, as in other states, plea bargaining is a common practice in DUI/DWI cases. The state allows the prosecution and the defendant to negotiate a plea deal to avoid the uncertainties of a trial. A defendant can plead guilty to a lesser charge or to the original charge with an agreed-upon sentence, but this is subject to the court's approval. The defendant must admit guilt in open court, and only the judge has the authority to impose a sentence. While the prosecution and defense may agree on a recommended sentence, the judge is not bound by this recommendation and has the discretion to determine the final sentence. If a defendant accepts a plea deal and pleads guilty, the case proceeds directly to a sentencing hearing, bypassing the trial phase.