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How are the penalties for a first DUI determined in court?
Question:
How are the penalties for a first DUI determined in court?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
When a person is convicted with a DUI, he faces several different penalties. The consequences of a DUI conviction include fines, jail time and probation, as well as the suspension or revocation of a driver's license, alcohol rehabilitation classes and community service. In order to know which of these penalties will be imposed, there are several considerations that are taken into account with each individual case. Various factors come into play when determining the correct punishment for a person in violation of this law.
DUI penalties will differ to some degree depending upon which state you live in. Each state's penalties will vary for the charge of DUI and even from jurisdiction to jurisdiction and court to court, there could be some variance to the penalties received.
Another important factor when determining the correct penalty is the individual's past record. If the offender has had a DUI charge in the recent past, the penalties will be more severe. For example, a second DUI offender will face fines that are much greater than those a first DUI offender would face. First offenders are much more likely to be offered a plea bargain or reduced sentence than those who are repeat offenders. Also taken into account are any other crimes on your record, though they won't play as important a role in the determination of your sentence as would repeat DUI offenses. But, usually anyone with a history of criminal activities of any sort will face stricter penalties than someone with a completely clean background.
The results of a DU will also make a big difference in the penalties received for a DUI. If you are pulled over by an officer because your driving was erratic, you will receive a DUI charge and the strict penalties that accompany it. Should you be charged with a DUI, however, in which you caused an accident and injured or even killed another person, the penalties would be much harsher and the charge itself could be stepped up to either manslaughter or second degree murder.
The last determining factor to remember is your attitude and conduct during and after any hearings and trials you may face. Those who appear to really regret their actions are noticed by the judge and those who may be determining your fate and could be swayed to reducing your sentence if you actually show remorse for your actions. Disrespect of the officer and/or the court system is never a sign of real regret; therefore, the behavior you display even at the time of arrest will make a difference when it comes to the penalties you could receive for a first time DUI.
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