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What is considered during a DUI sentencing?

Being charged with a drunk driving offense is a difficult situation. An even more difficult situation is having to go through the sentencing process if you are convicted of a DUI. There are several factors that come into the picture when you are being sentenced for a DUI conviction.

What criminal history is considered?

If you have a history of prior DUI convictions, you will likely face a harsher sentence. If you refused to take a breath test or blood test, that will be considered as well.

What factors of the incident are considered?

Several factors of the drunk driving incident can be considered. If there was a child in the car, that will be considered. Other considerations include the type of driver's license that you had, any property damage that occurred during the incident, any injuries that occurred because of the drunk driving and any other moving violations that occurred while you were driving.

Can I get a plea bargain for the DUI charge?

A plea bargain might not be possible in a DUI case because law enforcement officials are taking such a harsh stance against drunk driving. This has led to some prosecutors refusing to offer plea deals in drunk driving cases. In some instances, laws have been enacted to prevent plea deals in these cases.

It is important for you to understand what options you have for your defense when you are facing DUI charges. There are elements in some cases that can be challenged. Those challenges might mean that your sentence won't be as harsh as it would have been had you not challenged them.

Source: FindLaw, "DUI Offense Basics," accessed March 04, 2016

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