DUI Sentencing

There are three stages in the court process where a DUI defendant may be sentenced: after pleading no contest or guilty during arraignment, after taking a plea deal from the prosecution, or after being found guilty in a drunk-driving trial.

During DUI sentencing, the judge determines the legal punishment for the defendant. The penalties for driving under the influence may include: jail time, fines, probation, driver’s license suspension, and community service as well as an alcohol or drug evaluation, counseling, and/or treatment. The judge will also determine the length of your community service, probation, or jail time as well as the amount of your DUI fines.

DUI sentencing typically occurs immediately after the defendant is convicted. In some cases, the prosecution and defense may provide input to the judge regarding the defendant’s sentence. The judge must consider the state’s penal codes as well as the factors in the case when determining the sentence.

One of the most important factors in determining the sentence is how many prior convictions the defendant has on his or her record. The punishment for a first-time offender is not as severe as the punishment for a habitual DUI offender.

There are certain circumstances that are known as “punishment enhancements.” These include excessive speeding, having a blood alcohol content over .20, causing an accident or property damage, or transporting a minor while intoxicated. If your case involved one of these factors, you may face mandatory jail time as well as higher fines.

The judge will also consider your background when determining your sentence. He or she will review your criminal history, your personal, social, or economic conditions, and whether you expressed regret or remorse for your crime.

You may be allowed to make a personal statement before being sentenced. If you choose to make a statement, it is in your best interest to discuss it with your attorney first. If the judge feels that you are genuinely sorry, he or she will take that into consideration before making a final decision.

To learn more about DUI sentencing, you should contact an experienced DUI defense lawyer in your area. Many attorneys offer a free consultation, during which he or she will discuss the charges you are facing as well as the best way to proceed with your case.