DUI Sentencing Lawyers
What Happens in DUI Sentencing?
After a person is properly convicted of DUI, they must face DUI sentencing. Whether a person plead guilty, made a plea bargain, or was found guilty of DUI by a jury he must face sentencing. The level of punishment a judge or jury may hand out for DUI may include one or all of the following:
- Community Service
- Drug or Alcohol Rehabilitation
- Suspended sentence where full prison conditions will apply if conditions of suspended sentences are violated
- Short term jail time
- Long term incarceration when the DUI criminal has seriously injured or killed someone
When Does Sentencing usually Take Place?
Most sentencing is done immediately after the DUI conviction. Sentencing is a separate procedure, usually held several weeks or even months after a conviction.
How Is My Sentence Determined?
Prosecutors and defense attorneys will typically engage in arguments to determine the length and severity of the criminal¿s punishment. Sentencing judges will also be guided by statutory limitations in the state Vehicle and Penal Code statutes. Judges will also consider the following in some cases:
- Defendant's previous DUI record and criminal history
- Impact of the DUI on any victims (i.e. whether injuries or death resulted)
- Defendant's personal, economic, and social circumstances ¿ If the convicted has a stellar work record, a solid family history, and/or is solid contributing member of the community, the punishment may be positively affected
- Regret or remorse expressed by the defendant ¿ If the convicted impresses upon the judge something special when he reads his personal statement before official sentencing, punishment may be reduced. If the crime was violent or planned then the judge will be less willing to compromise on the sentence.
Should I Contact a Lawyer Regarding My DUI Sentencing?
It is always practical to have an attorney with you throughout the DUI process. On a more interesting note, if you feel that you have had your rights violated in that you received an overly severe punishment for your DUI conviction you may also want to contact a lawyer familiar with constitutional law issues.
Consult a Lawyer - Present Your Case Now!
Last Modified: 04-14-2011 12:26 PM PDT
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