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DUI - Sentencing


After a person is convicted for DUI -- whether after a guilty plea, plea bargain, or jury verdict -- the appropriate legal punishment is determined at the sentencing phase. A number of different kinds of punishment may be imposed on a person convicted of DUI, including:

  • Payment of fines

  • Incarceration in Jail (shorter-term)

  • Incarceration in Prison (longer-term, if DUI causes injury or death)

  • Probation

  • Suspended sentence (takes effect if conditions such as probation are violated)

  • Suspension of driver's license

  • Community service

  • Drug/alcohol rehabilitation

Sentencing usually takes place almost immediately after a DUI conviction, with the sentencing judge receiving input from the prosecutor and the defense in some cases. The sentencing judge will consider punishments and sentencing ranges identified in applicable Vehicle or Penal Code statutes, as well as a number of case-specific factors, including:

  • Defendant's 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

  • Regret or remorse expressed by the defendant

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