For various reasons, a defendant may plead guilty or no contest to a DUI charge. If the defendant later decides that a plea was not in his/her best interest, the accused must file a motion to withdraw the plea to enter a new one.
1. When can a defendant withdraw a plea in a California DUI case?
California law provides that you may successfully withdraw a plea under certain circumstances. These include (but are not limited to):
- discovering that there are consequences that you were unaware of at the time of the plea (losing your professional license or facing deportation),
- the fact that you were represented by an incompetent attorney who didn’t properly investigate your case and simply urged you to plead, or
- the fact that you were coerced into pleading guilty when you truly did not wish to do so.
If any of these situations apply to you, you should immediately contact a skilled California criminal defense attorney to discuss the possibility of filing a motion to withdraw your plea. (Refer to our article, “Can a California DUI conviction be removed from my record?“).
2. What happens if I win my motion to withdraw a plea?
When defendants prevail on a motion to withdraw a plea, they essentially begin their criminal case anew at an arraignment.
3. What happens if I lose my motion?
A defendant that loses a motion to withdraw is bound by the terms of his/her plea. The accused can still try to challenge a sentence by:
