Legal DUI Plea Agreement

LEGAL DUI PLEA AGREEMENT

This Legal DUI Plea Agreement (the Agreement) is entered into this by and between Prosecuting Authority: , represented by Prosecutor: , and Defendant Name: , Defendant DOB: , Case Number: , Court: .

RECITALS

WHEREAS, the Prosecuting Authority has charged the Defendant with one or more counts alleging driving under the influence of alcohol or drugs under the statutes and ordinances applicable in the court identified above; and

WHEREAS, the parties desire to resolve the charges by entry of a plea on terms set forth in this Agreement, subject to approval by the Court; and

WHEREAS, the Defendant acknowledges having been advised of constitutional rights, including the right to a jury trial, the right to confront witnesses, the right against self-incrimination, and the right to appeal, and understands that those rights are affected by the plea described below.

NOW, THEREFORE

In consideration of the mutual covenants contained herein and other good and valuable consideration, the parties agree as follows:

1. PLEA

1.1 Plea. Defendant shall plead to the offense of as charged in Count(s) on or about . This plea is made knowingly, voluntarily and with full understanding of the nature of the charge.

2. FACTUAL BASIS

2.2 Use of Evidence. Defendant stipulates that the factual basis set forth above is sufficient for the Court to accept the plea. Statements, reports and tests admitted to establish the factual basis may be used at sentencing and insofar as permitted by law.

3. SENTENCING AGREEMENT

3.1 Recommended Sentence. The parties agree to recommend the following disposition to the Court, subject to the Court's acceptance:

3.2 Ignition Interlock. The Court shall require ignition interlock for a period of if available under applicable law and Court order.

3.3 Sentencing Discretion. The Court is not bound to the recommendation set forth in this Agreement. If the Court imposes a sentence materially different from the agreed recommendation, the Defendant may be entitled to withdraw the plea as set forth below.

4. WAIVER OF RIGHTS

4.1 Rights Waived. By entering this plea, Defendant knowingly and voluntarily waives the right to trial by jury, the right to confront and cross-examine witnesses, the right to require the State to prove guilt beyond a reasonable doubt at trial, and the right to assert defenses to the charged offense, except as preserved in this Agreement.

4.2 Appeal. Defendant acknowledges that entry of this plea may limit the right to appeal certain matters. Any waiver of appeal shall be explicit and governed by the terms stated in this paragraph:

5. CONDITIONS OF PROBATION / POST-CONVICTION OBLIGATIONS

5.2 Treatment and Testing. Defendant agrees to comply with alcohol/drug treatment, counseling, and any testing regime ordered by the Court. Failure to comply may constitute a violation of probation and result in sanctions, including incarceration.

6. COSTS, FEES, AND PAYMENT

7. BREACH, ENFORCEMENT AND RESCISSION

7.1 Breach. If Defendant materially breaches any term of this Agreement prior to sentencing or during any period of supervision, the Prosecuting Authority may seek to withdraw concessions made in this Agreement and seek any lawful disposition, including reinstatement of dismissed counts or recommendation of a different sentence. Defendant acknowledges that a breach may also constitute grounds for revocation of probation.

7.2 Rescission. If the Prosecuting Authority rescinds its obligations under this Agreement for cause, Defendant shall be notified and afforded any rights required by law. Subject to the Court's ruling, the Defendant may be permitted to withdraw the plea.

8. ADMISSIONS, USE OF STATEMENTS AND CONFIDENTIALITY

8.1 Admissions. Statements made by Defendant in connection with this Agreement, including allocution at plea hearing, may be used to establish the facts of the offense and for sentencing. Such statements may be used for impeachment or in subsequent proceedings as allowed by law.

9. COLLATERAL CONSEQUENCES

9.1 Defendant acknowledges that the plea may have collateral consequences, including but not limited to driver’s license actions, immigration consequences, professional licensing effects, and loss of certain civil rights. Defendant affirms that such consequences have been discussed with counsel to the extent known and that counsel advised Defendant regarding these matters to the extent possible.

10. NOTICES

Any notice required or permitted under this Agreement shall be in writing and delivered to the following contact information:

11. GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the state or jurisdiction in which the Court sits, without regard to conflicts of law principles.

12. ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written.

13. SEVERABILITY

If any provision of this Agreement is held to be invalid or unenforceable, such invalidity or unenforceability shall not affect the remaining provisions, which shall remain in full force and effect.

14. AMENDMENTS AND WAIVER

No modification, amendment, or waiver of any provision of this Agreement will be effective unless in writing and signed by both parties. Waiver of any breach shall not constitute waiver of any subsequent breach.

15. COUNTERPARTS

This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument.

16. ADDITIONAL TERMS

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