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What determines the sentence for a DUI conviction?
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If you find yourself in the difficult position of being stopped for a DUI and then being found guilty and convicted for the charge, the consequences can be extremely harsh. You can be convicted after pleading guilty or being found guilty subsequent to a trial, or after accepting a plea bargain. Following the conviction there are many penalties you could receive including a sentence behind bars. Each state has their own DUI laws that outline how DUI sentencing is to be arrived at, but no matter what state you are found guilty in, the consequences for the DUI conviction will be extremely serious.
Penalties for a DUI conviction can include fines, jail time, probation, suspension or revocation of your license, prison (if you kill or injure someone), loss of vehicle, drug and/or alcohol programs, and community service.
DUI sentencing is determined by a judge who will hand down his decision immediately following your conviction. He will listen, in most cases, to the recommendations of the prosecutor along with your attorney's input in order to arrive at what he believes to be the appropriate sentence for your violation. He also takes into consideration the state's statutes concerning sentencing as well as special factors that may come into play in your particular case.
Some of these factors can include such things as your criminal history and if you already have a DUI history. Whether or not your DUI case was the cause of injuries or death to another will also play a big part in the decision making process. The judge will also take into consideration your personal economic and social circumstances, and also whether or not you express any regret or remorse for your conduct.
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