DWI Sentencing
Whether you accepted a plea bargain, pled guilty, or were found guilty of driving while intoxicated (DWI) by a jury, you still face DWI sentencing. Sentencing is the court-imposed punishment that you face for committing a crime. The penalties for driving under the influence include jail time, probation, fines, community service and a suspended driver’s license, as well as alcohol and/or drug rehabilitation. In some cases, the judge may also order the defendant to have an ignition interlock device installed in his or her vehicle.
Sentencing is typically a separate procedure from the trial, and is held weeks or even months after a DWI conviction.
There are a number of factors that are used to determine your DWI sentence. Typically, the prosecution and defense will offer arguments regarding the length and severity of the penalties. Next, the sentencing judge will look at the state’s Vehicle and Penal Code statutes. These statutes list the minimum and maximum penalties for each crime.
The judge will also look at your criminal history and whether you had a prior DWI conviction on your record. Habitual offenders may be subject to increased penalties, such as longer jail sentences and heftier fines.
If the DWI offense impacted any victims, this will also come into play when determining the sentence. For example, if alcohol was involved in an accident that resulted in an injury or death, the judge may order a harsher punishment.
The judge will also take the defendant’s economic, social, and personal circumstances into account. If the defendant has an excellent work record and is an upstanding member of the community, these factors will have a positive effect on the punishment.
Before the defendant is sentenced, he or she is typically allowed to read a personal statement. If the judge feels that the defendant is regretful or remorseful about the crime, the punishment may be reduced. As a result, it you should let an experienced DWI attorney help you prepare your personal statement to produce the desired effect.
It is a good idea to have an experienced defense attorney on your side during DWI sentencing. If you feel your punishment was overly severe, you may be able to appeal your sentence.
