Apr 06

The Right and Wrong way to Plead Guilty

According to the Driver and Vehicle Services division of the Department of Public Safety, there is was a right way and a wrong way to plead guilty.

A little context first: 1st Time DUI/DWI defendants who have a BAC below .20 receive an administrative knockdown to 30 days from their original revocation (90 or 365 Days). This “loophole” for 1st time offenders who are between .16 and .199, means that with the “proper” plea of guilty, the license revocation drops from 1 year to 30 days. Although this loophole may be closing (See: . http://ow.ly/a3S5H ) soon, it is nonetheless available today.

Recently, Driver and Vehicle Services, a division of the Department of Public Safety, decided that some 1st time DUI’s are different from others. The Department would not recognize a DUI plea for a 1st time offender unless they pled to the “proper” statute.

Stop the presses. Appearently, there has been a (reasoned) change of heart. Effective immediately, the requirements for obtaining the administrative knockdown to 30 days is:

1.  Arrested for a 1st Time DUI (Cannot have a prior DUI or Implied Consent violation on record)

2.  Test result less than .20, and

3.  Driver must be over 21.

There are no other requirements. All drivers who meet these criteria will end up with a 30 day license revocation, until a further modification of this statute.

As always, feel free to call our office with questions.