Obviously, there is no absolute right for a Rochester driver to withdraw a guilty plea to a drinking and driving charge at any time.

Allowing DWI or other criminal defendants to withdraw a guilty plea simply because they changed their mind or did not like the sentence imposed would make it very difficult on the courts.

New York State law does, however, allow for mistakes, and there are limited circumstances under which a DWI defendant may withdraw a guilty plea prior to sentencing.

Whether a defendant may withdraw a guilty plea to a drinking and driving charge is solely at the discretion of the court that accepted the plea, and refusing to permit a withdrawal is not considered an abuse of the court’s discretion unless there is some evidence of innocence, fraud, or mistake in inducing the plea.

In general, while the ability to withdraw a guilty plea is at the discretion of the court, it is very rare for a court to authorize a defendant who has already pleaded guilty to a drinking and driving charge to withdraw that plea absent clear evidence that the defendant did not commit the offense charged, did not have the mental capacity to enter into a plea at the time it was taken, or there was some clear error made in taking the defendant’s plea.

Because it is so difficult to withdraw a plea, it is important to consult with an experienced DWI lawyer who will fully examine the circumstances surrounding the offense prior to entering a plea of guilty to any charge in a drinking and driving case.

Without the assistance of experienced legal counsel, a defendant is more likely to enter a guilty plea to a charge that is unsupported by the evidence or otherwise erroneous.

A plea to a drinking and driving offense can lead to serious consequences. If you have been arrested for DWI, call us at 585-484-7432.