If you’ve had the good sense to retain an attorney before your first appearance, they will be present and will enter not guilty pleas on your behalf.  If you do not have a lawyer present, it’s best to enter a not guilty plea and ask the judge for time to hire a lawyer or to appoint a public defender if you qualify. As a matter of course, it is customary to enter pleas of not guilty to any criminal charges at the first appearance. This is because you and your lawyer have a right to see all the evidence that will be presented against you before making a decision whether to plead guilty to a crime. Once you have entered a plea, you generally only have 30 days to file a petition to enter into a DUII diversion program and have your DUII dismissed! If that time runs out without good cause, you will lose your ability to go into diversion!

The best course of action is always to talk to a competent attorney who knows their way around DUII law before entering any pleas or accepting any deals. This can have a lasting impact, help you avoid difficulties, and affect the outcome of your case.

  • Defendants are often unsure how to plea when facing DUI charges and may look to their attorney for advice.
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rothbright