DUI/DWI Sentencing

Perhaps the most trying time of your DUI/DWI case is awaiting sentencing. But knowing what to expect can help alleviate some of the anxiety and answer your burning questions. We hope the following information helps you during your process.

Whether your DUI case involved a plea of “guilty”, a plea bargain with the prosecution or a jury verdict, you will at some point have to face sentencing – unless your case is dismissed along the way. Sentencing is a legal punishment set in place for the crime you have committed.

Some of the penalties surrounding a DUI case may be an order to pay a specified amount of fines, jail time, length of probation, suspension of your driver’s license, hours of community service and any drug or alcohol rehabilitation classes or treatment. Sentencing follows a DUI conviction. This separate hearing may occur several weeks or even months after your conviction. During your trial, the judge will have informed you of your sentencing date and time.

The judge who is assigned to sentence you will receive information from the prosecution and the defense in some instances. After taking a look at penal code and vehicle statues, the judge will sentence you accordingly. This is a complex formula that almost works like a point system. In many states however, the judge can “choose” the type of sentencing you receive. For example, if you are convicted of a misdemeanor, the penalties range from fines to short-term mail time and the judge can choose the appropriate sentence.

The judge will also consider the specifics surrounding your case which may include your DUI record and criminal history, the seriousness of the DUI such as any injury or death that resulted from an accident, your personal, economic and social factors and if the judge believes you to be regretful or remorseful.

Before the judge reads you your sentence, he or she must allow you to make a statement. It’s very important to discuss this statement with your lawyer first because what you say and what you don’t say could make a difference. If you ask for mercy or vow to change your behavior, the judge may consider this when making your final sentence.