The Lewis Leeper Blog
To Plea or not to Plea on a first offense OUI
One of the first things you should think about is your goal and your lifestyle. If you need to protect your criminal history and driving record then you need to focus on fighting the case, if you have a case. If you don’t have a strong case then you need to decide if you should plea. If you have taken the breath test and failed then you will only lose your license for a short period of time, however if you have not taken the test you will lose your license for 6 months. If you go to trial and are found not guilty you can petition the registry for your license back, more than likely you will get it unless the district attorney argues that you are a danger to the community. The reality lies in the fact that you will probably not be able to attain a trial date within 6 months.
To plea or not to plea
If you have failed the Breathalyzer Test (BT) miserably and have failed all sobriety tests you can still roll the dice at trial and nothing bad will probably happen on a first offense. However, you probably won’t get to a trial for several months and the issue is can you live without your drivers license. If you cannot live without your license then it comes down to a business decision. You can plea the case right away and receive a hardship license which will allow you to drive once you plea and sign up for the 24d alcohol education program. There is a lot to consider, however if you decide to plea early on in the case, do it right away, as waiting doesn’t make business sense. If you have no BT and did ok on the sobriety tests and can wait a while on your license, give it a try at trial.with a good lawyer.
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