After a person is properly convicted of DUI, they face sentencing. Whether a person plead guilty, made a plea bargain, or was found guilty of DUI by a jury, they must face sentencing. The range of punishment a judge or jury may impose for DUI may include one or all of the following:
Most sentencing is done immediately after a final disposition of the DUI charges. Thus, if someone accused of DUI takes a plea deal, they will be sentenced immediately. After a full trial, it is not uncommon for sentencing to be a separate procedure, usually held many weeks after a conviction.
Prosecutors and defense attorneys will typically engage in arguments to determine the length and severity of the punishment. Sentencing judges will be guided by statutory limitations set forth in a state's Vehicle and Penal Codes. Judges may also consider the following in some cases:
It is always wise to have a criminal defense attorney with you throughout the DUI process. Additionally, 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 litigation.
Last Modified: 11-07-2016 06:45 PM PSTLaw Library Disclaimer
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