Can I Withdraw My Guilty Plea in My DUI Case?

You pled guilty to a DUI charge, but now you regret the plea and want to keep fighting. Is it too late to withdraw your plea? If the judge has not accepted your plea or you have not been sentenced, most likely you can still withdraw it easily. If you have been sentenced, you will have a difficult time withdrawing it.

Judge has not accepted the plea, or you have not been sentenced

If the judge has not accepted your guilty plea, you may withdraw your plea for any reason or no reason. If you have not been sentenced, you may withdraw your plea if the court rejects a plea agreement or you can show a fair and just reason for requesting the withdrawal.

After sentencing

After you have been sentenced, you cannot withdraw your guilty plea except on appeal or by a collateral attack (e.g. a habeas corpus proceeding). Some kind of injustice must have been involved in you making your plea. For example, courts may agree to allow a defendant to withdraw a guilty plea if:

• The plea was not made voluntarily
• The plea was made without knowledge of the sentence or charge against the defendant
• The defendant did not receive the items agreed to in a plea deal
• The defendant was denied effective assistance of an attorney
• The defendant pled guilty because of promises or threats made outside court, if they can be proven
• The defendant or someone authorized on his behalf did not enter the plea

Courts must set aside a guilty plea if there is very strong evidence of the defendant’s innocence, such as DNA test results showing someone else committed the crime.

Making the arguments listed above as to why you should be allowed to withdraw your guilty plea is very difficult. You should take pleading guilty very seriously and listen to both your lawyer’s advice and the court’s admonitions about taking the plea before you make the final decision.

Have you been charged with a DUI in Oklahoma and are thinking about pleading guilty? Clint Patterson, Esq., of Patterson Law Firm, a former Tulsa prosecutor now using his trial experience and expert-level knowledge of DUI science to defend drivers, can advise you on the options you have and the penalties you may face. To schedule a case evaluation, visit Patterson Law Firm online or call Clint’s office at (918) 550-9175.