DUI Sentencing

If you have recently been convicted of driving under the influence, you most likely have a lot of questions. Will I go to jail? Am I ever going to be able to drive again? Will this show up on my criminal record? These are just some of the many questions you may be asking yourself before your DUI sentencing. 

In most cases, you will be sentenced immediately after you are convicted of DUI—regardless of whether you were convicted by a jury, plead guilty during your arraignment, or reached a plea bargain with the prosecution. During DUI sentencing, a criminal judge will use factors such as the nature of the offense, your prior criminal history, and other personal circumstances to determine an appropriate punishment. In addition, both the prosecutor and your defense attorney may be asked to provide input for your sentence.

Although the penalties for DUI vary in each state, you may be sentenced to jail time, required to pay a large fine, receive probation or community service, ordered to attend alcohol education classes, or prohibited from driving.

If this is your first DUI, your DUI sentencing may not be as severe as a second- or third-time offender. However, certain circumstances known as “punishment enhancements” may increase the severity of your DUI sentencing. Excessive speeding, a blood alcohol content above .20, and causing an accident are some examples of these types of situations.

The judge may allow you to make a personal statement prior to your DUI sentencing. It is important to discuss any statement you intend to make with your attorney before sentencing. In many cases, if the judge believes that you are genuinely remorseful for your actions, he or she will take that into consideration before making a final decision about your sentence.

As you can see, DUI sentencing is not “one size fits all,” and can vary greatly from individual to individual. Your sentencing judge will consider your background as well as the specific details of your case to determine an appropriate punishment for your crime. To learn more about DUI sentencing, contact an experience DUI attorney in your area today.