Should I Plead Guilty in Pennsylvania if I Got Caught Driving Drunk?

You got caught driving drunk after a night out. Should you plead guilty? Or, do you still have options for fighting your DUI?

Even in this scenario, you have options available. As a result, you should not plead guilty to your DUI charge. The consequences are too great. An experienced DUI lawyer can help you understand the options on the table, and then you can use this information to make smart decisions about your next steps.

5 Important Reasons Not to Plead Guilty to a Pennsylvania DUI

Why shouldn’t you plead guilty to a DUI charge in Pennsylvania—even if you got caught driving drunk? Some of the most important reasons not to plead guilty to a Pennsylvania DUI charge include:

1. You Might Not Be Guilty

First and foremost, you shouldn’t plead guilty because you might not be guilty of driving under the influence (DUI) under Pennsylvania law.

To be guilty of DUI in Pennsylvania, you must either: (i) drive “after imbibing a sufficient amount of alcohol such that [you are] rendered incapable of safely driving;” or, (ii) drive with a blood alcohol concentration (BAC) of 0.08% or above—if you are age 21 or older.

Even if you were drinking before you got behind the wheel, this doesn’t necessarily mean that you were “rendered incapable of safely driving.” It also doesn’t necessarily mean that your BAC was over the legal limit. It could be the case that you didn’t drink enough to impair your driving abilities; or, if you blew over the legal limit, it could be the case that your BAC continued rising after your arrest.

These are just two of numerous potential defenses to a DUI charge under Pennsylvania law. When you talk to an experienced DUI lawyer, your lawyer will be able to examine all of the relevant facts and help you avoid assumptions that could negatively impact your life for years (or even decades) to come.

2. Prosecutors Might Not Be Able to Prove You Are Guilty

It is also important to remember that you are innocent until proven guilty. If prosecutors cannot prove your guilt beyond a reasonable doubt, then a conviction isn’t warranted. Even if you were driving drunk, several issues could prevent prosecutors from meeting their burden of proof. For example:

• The police didn’t record your DUI stop or arrest
• There are questions about the reliability of your BAC reading
• There are questions about why the officer stopped or arrested you for DUI
• The police violated your Fourth or Fifth Amendment rights
• Prosecutors have improperly withheld exculpatory evidence

Some of these issues can raise questions about the sufficiency of the prosecution’s evidence, while others can prevent prosecutors from presenting their evidence in court. If your DUI lawyer can successfully raise any of these evidentiary issues on your behalf, this could be enough to save you from a conviction.

3. You May Be Eligible for Accelerated Rehabilitative Disposition (ARD)

Another critical reason not to plead guilty to your DUI is that you may be eligible for Accelerated Rehabilitative Disposition (ARD). This is a program offered to eligible first-time DUI offenders that eliminates the risk of facing a conviction at trial.

If you are eligible for ARD, your DUI case will be diverted from trial while you participate in the program. If you complete the program successfully your DUI charge will be dismissed. If you truly did get caught driving drunk—and if prosecutors have the evidence they need to prove it—this may be your best option. With that said, you will still want to talk to a lawyer to ensure that ARD is your best option under the circumstances at hand, as there are costs, time commitments, and other considerations involved.

4. Your DUI Lawyer May Be Able to Negotiate a Plea Bargain

If you are not eligible for ARD for any reason, you still do not want to plead guilty to your DUI. One reason is that your DUI lawyer may be able to help you secure a plea bargain—and, if so, this could significantly reduce both the immediate and long-term consequences of your drunk driving arrest.

Typically, negotiating a plea bargain in a Pennsylvania DUI case involves accepting responsibility for reckless driving (this is commonly referred to as a “wet reckless”). While reckless driving charges still carry penalties, these penalties are much less severe than the penalties for a DUI. Reckless driving charges generally have fewer collateral consequences as well, and this factor alone can make it well worth hiring a lawyer to negotiate a plea bargain on your behalf.

5. The Consequences of a DUI Conviction Can Be Life-Changing

As we’ve touched on already, the consequences of a DUI conviction in Pennsylvania are severe. It is not an exaggeration to say that they can truly be life-changing. Not only can a first-time conviction lead to fines, probation, mandatory alcohol education and treatment, and possibly even jail time, but DUI convictions can have collateral consequences including:

• Academic Consequences
• Employment Consequences
• Professional Consequences
• Military Consequences
• Immigration Consequences

Even the increase in your auto insurance premiums will add thousands of dollars to the costs of your DUI. Simply put, you owe it to yourself to protect your future by all means available. You should not accept the penalties (or any other consequences) of a DUI unnecessarily. As we said above, an experienced DUI lawyer can help you make smart decisions; and, if you decide to fight your DUI, you can rely on your lawyer to leverage his or her experience to your advantage.

Request a Free and Confidential Consultation with Stroudsburg, PA DUI Lawyer Brian Jordan

Are you facing a DUI charge in Pennsylvania? If so, we strongly encourage you to contact us to discuss your options before your first court date arrives. To schedule a free and confidential consultation with Stroudsburg, PA DUI lawyer Brian Jordan, give us a call at 570-413-0257 or tell us how we can contact you online today.