Sentencing in DUI Cases

Atlanta Criminal Defense lawyer.

Georgia Criminal Attorney

There are many factors can affect the sentencing in a DUI case. Generally if convicted of DUI, you can expect to be sentenced to jail, pay heavy fine, undergo probation or do community service. The state laws will determine the exact punishment.

Generally if it is your first time, you will be let off with a fine. A first time DUI offense is a misdemeanor offense in all states. But if you cause bodily injury, death or property damages, you can be charged with a felony DUI. If there is a minor in the vehicle when you were stopped for DUI, then a first time DUI offense can turn into a felony offense. A first time DUI offense can become a felony offense if there are aggravating factors such as DUI coupled with speeding.

In most states, your driver’s license will be suspended even if it is your first DUI offense. This license suspension is an administrative penalty and is independent of the DUI case against you. Generally the state law will have a provision that allows you to seek an administrative licenses suspension hearing. The state law will determine the exact period of suspension.

If you have been charged with a DUI offense for the second time, in most states it will be a misdemeanor offense but in some states a second DUI offense is a felony crime. Even if a second DUI offense is a misdemeanor offense in your state, the presence of aggravating factors can covert it to a felony offense. In few states a second DUI has mandatory license suspension. A third DUI offense is a felony offense in most states. It will result in mandatory license suspension in most states. A repeat DUI offender is subject to ignition interlock device in some states.

Your blood alcohol concentration at the time of the DUI stop will also play an important factor in the sentencing. Generally if it is your first time and your blood alcohol concentration is 0.08, you will be let off but if your blood alcohol concentration is 0.1 will you have to spend some time in jail even if it is your first time.

Generally in all states you will be let off on payment of a fine for a first time DUI offense but if it is a felony DUI, then you will have to spend time in jail. In most states you will be sent to jail for a second DUI offense. You will have to spend time in jail for a third DUI offense in almost all states. The state law will determine the exact period of imprisonment. A misdemeanor offense is punishable by jail term of 1 day to 1 year whereas a felony offense is punishable by a jail term exceeding one year.

Your prior criminal record will play a vital role in determining the sentencing in a DUI case. Generally if you have a prior record, the sentence will be enhanced. DUI is a serious charge. Hire the services of an experienced DUI attorney to fight the DUI charges against you.