DUI Sentencing: Jail, Fines and Your Drivers License

If you are arrested for driving under the influence, commonly known as a DUI, you may face certain sentencing options. Generally, when you are arrested you will be required to appear in court for an arraignment. After the initial hearing, you enter a plea of guilty, not guilty or no contest (nolo contendere). In many states, you will not have to serve any jail time on a first DUI offense.

Plea Bargain

After you are arraigned, you may plead guilty or try to plea bargain, also known as sentence bargaining. When you plea bargain, you and your attorney negotiate with the prosecuting attorney to go with a lesser charge in exchange for you pleading guilty. A plea bargain often means that you will have to pay a fine or you may receive a reduced jail term.

Varying DUI Sentences

Sentences vary depending on the jurisdiction and the specific circumstances. For example, if this is your first DUI conviction, you may not have to serve any jail time but you most likely will have to pay fines, attend an alcohol treatment program as well as submit to probation guidance.

Additionally, the court may require the installation of a car ignition interlock device on your vehicle. This device requires you to breathe into it before it will start. The device tests the alcohol content of your breath before allowing you to drive and you must intermittently breath into it or re-test throughout your trip. In most jurisdictions, if the DUI charge includes the death or injury of another, you will be subject to harsher sentencing that may include more than a year in jail.

Several factors may influence your DUI sentencing: 

• Blood alcohol content. Most states have implemented a measure of .08 percent BAC to determine whether a driver is intoxicated. Some states impose enhanced penalties for high BAC levels, usually from .15 to .20 percent BAC.
• Prior convictions. If you have more than one DUI conviction within a number of years, your penalties may be enhanced including:
  
  • Jail time
  • Driver’s license suspension, with a minimum suspension of one month and a maximum of 6 months
  • Fines and fees
  • Probationary periods
  • Court-mandated rehabilitation
  • Impounding of your vehicle
• Minor passengers. Many laws enhance penalties when there are children under the age of 14 in the car with you are arrested for a DUI.
• Refusal to be tested.  Refusal to submit to chemical testing can result in immediate suspension of your license, sometimes for a year.
• Other violations. In addition to being intoxicated, if you were speeding, had alcohol in your car, or violated other traffic laws, your penalties may be harsher.

If you face DUI charges, consult with an attorney as soon as possible to discuss DUI sentencing.