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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
See also: (Criminal Law Center)
FAQs
- What kind of penalty am I likely to get for drunk driving?
- Should I take a blood test or a Breathalyzer test if I am asked?
- What are field sobriety tests?
- Does it matter what the police call "drunk driving"?
- May I change my mind after declining to take a blood-alcohol or breath test?
DUI / DWI Resources
- DUI - DWI Forms [$]
- Expungement/Criminal Record Handbook [$]
- Checklist: Have Your Arrest Rights Been Violated?
- Documents to Gather: After An Arrest
- The FindLaw Crime & Criminals Blog
- Find Chicago DUI Lawyers
- Find DUI Lawyers in All Locations
- Find Dallas DUI Lawyers
- Legally Weird: The FindLaw Legal Curiosities Blog
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