How is a DUI Sentence Determined?

A person convicted of a DUI can face a number of different penalties. A DUI sentence can result in everything from fines, to jail time, to probation, loss of drivers’ licenses, community service, and alcohol rehabilitation and education classes. In order to predict what sentences may come with the crime, it’s important to consider various details of the situation, which vary according to each case. Some of the factors used to consider punishment are outlined below.

How DUI Sentences are Determined

•  Location

DUI laws, while many are similar, do vary state-by-state. The charges received will depend at least partially on where the charges are filed and under which state’s jurisdiction and court system the penalties are handed out.

•  Past Record

One of the major factors in determining a DUI sentence is the past record (if any) of the offender. DUI charges for repeat offenders result in exponentially growing penalties. A second offender, for example, can face a fine that is multiple times the size of a first offender. First offenders also have a much better chance of getting plea bargains or reduced sentences, while these options are almost never offered to repeat offenders. Other types of crimes on your record, while they’re  not considered as important as repeat DUI crimes, will nonetheless be considered as well; a person with a shady history may see some stricter penalties than one with a clean background.

•  Severity of the Incident

It matters a great deal what the results of the DUI were. Let’s say you are pulled over because a policeman sees your car weaving in its lane. DUIs carry great potential for serious injury or accident, and so you’ll still be slapped with the charge, but you will probably see lesser penalties when it comes to court than you would if, for example, your DUI caused an accident that injured or killed someone.

•  Defendant’s Actions

It’s not a myth that the way you conduct yourself, both before your hearing and in court, can and does affect your sentence. This isn’t meant to suggest that you should throw yourself on your knees begging forgiveness, but a judge who recognizes an offender who seriously regrets what occurred is probably going to be a bit more open to reducing a charge. Offenders who are disrespectful, seem not to regret their actions, or conduct themselves poorly in court will likely pay consequences when it comes to sentencing. The same goes for your behavior during the arrest itself.

Getting Help

If you are facing DUI charges, you need to get help. An experienced attorney can assist you in dealing with the charges you are facing and can help you to get the most lenient sentence possible in light of the circumstances.