Driving While Intoxicated Sentencing
If you were convicted of driving while intoxicated, you will have to go to court on a separate date for your sentencing. Sentencing is when the state delineates the DWI penalties pertinent to your specific case. Sentencing can occur immediately following conviction based on a plea bargain with the prosecution, conviction by a jury or if you plead guilty. As soon as you are convicted, the judge will set a date for you to return to court in order to hear your sentencing. Depending on how busy your criminal court may be, your sentencing date may be set for a few weeks or even months after your conviction date.
But just because you are convicted does not mean your attorney’s job is finished. He or she will make arguments to the judge and prosecution to determine the severity and length of your punishments. Your defense attorney will use this opportunity to point out your good qualities such as if you are a contributing member of society, good employee and family member. The job of the judge will be to listen to the prosecution and defense to make a fair sentence. Usually, the judge is guided by preset state penalties for drinking and driving.
It is the role of the judge to decide if the prosecution can prove beyond a reasonable doubt that you committed the crime you were charged with. If the judge believes that the prosecution has not presented enough proof against you as far as evidence is concerned, the judge will know that a jury cannot convict you.
Were you or a loved one arrested for driving while intoxicated? Contact a DWI attorney in your local area today for more information.
Our drunk driving lawyers assist those injured in drunk driving accidents, but in other cases, can represent those who are facing DWI charges. For those facing charges, our lawyers can offer legal assistance and services regarding:
The judge will also have to consider other factors when sentencing you. Depending on whether or not there were aggravated charges such as driving over twice the posted speed limit or injuring and even killing another person, the judge may impose a harsher sentence if factors like this were relevant to your case. To be fair, the judge will also look at your criminal record and will be more lenient for first-time offenders. In some cases, simply the defendant’s last statement before sentencing is read can influence a judge’s decision.
When the judge makes a sentencing verdict, he or she will read it to you during your sentencing. While no one case is alike, DWI offenders can face such penalties as community service, expensive fines and court fees, jail and DWI school. Outside of the courtroom, you could lose your license with the DMV and have insurance coverage problems.
Have you or someone you love been charged with a DWI? An experienced drunk driving attorneys can help! Contact a DWI lawyer in your local area for help today.