DUI pleas at bond hearings
Some of our local magistrates consistently accept guilty pleas to DUI's at the initial bond hearing, sometimes only hours after the arrest for DUI. I can understand accepting a guilty plea to public disorderly conduct or breach of peace, giving a fine or time served and letting the person go home, but DUI? To their credit, I don't believe that the Myrtle Beach municipal judges will take pleas to DUI at the bond hearings (correct me if I'm wrong, maybe I just haven't seen it), but it happens pretty regularly at the County.
Why is this a problem? Well, let's begin with the fact that to plead guilty to DUI, the defendant has to admit to the court that they are drunk. Before accepting a guilty plea, the judge needs to make sure of a number of things, such as whether the person understands that they have the right to an attorney, that they have the right to a jury trial, that they have the right to proof beyond a reasonable doubt, to cross examine witnesses, to call witnesses on their own behalf, to testify in their own defense, to not testify or make any statements at all, etc.
The judge has to make sure that the defendant understands that they are waiving all of these rights and that their waiver is knowing and voluntary. How can a waiver be knowing and voluntary if the defendant is intoxicated to the extent that it affected their ability to drive? One of the standard questions that should be asked during the plea colloquy is whether the defendant has taken any alcohol or drugs in the last 24 hours that would affect their ability to understand the proceedings. If the answer is no, well then they can't be admitting to drunk driving can they? And if the answer is yes, then the judge should not be accepting the guilty plea.
I can only assume that the reason DUI pleas are taken at the initial bond hearing is to expedite moving cases through the system. If a bond is set and a court date given, then that defendant might actually exercise his or her rights and ask for a jury trial, which will further clog up the system taking up time and resources. If the defendant contacts a defense attorney within 5 days after the plea, once they sober up, they might be able to get the case re-opened and if not, they might be able to appeal the plea. But, in doing so, they may have to admit that they were intoxicated at the time that the plea was taken, which in most cases would cause them problems when they try to fight the DUI (exceptions - someone else was driving, or the defendant was arrested at home in bed (believe it or not this happens)).
Besides the propriety of accepting any guilty plea from a person who is intoxicated, there is the fact that a DUI 1st offense is probably the most serious misdemeanor that there is under S.C. law. It involves jail time and/or a substantial fine, license suspension, mandatory substance abuse counseling, SR-22 insurance for 3 years, possible loss of job and many other collateral consequences. Without the advice of counsel, most defendants are not aware of all of the consequences of such a guilty plea, and any decision that involves a criminal record should not be made while under the influence to any degree. Hence the requirement that the waiver of rights be made knowingly and voluntarily and not while under the influence.
