Drunk driving cases get resolved in one of two ways – through a plea bargain or at trial. It’s possible to beat a DUI / DWI charge, but some drivers accept plea bargains or are convicted in court. Whether a driver pleads guilty or is convicted by a jury, the court then moves on to the sentencing phase of the case. 

The sentences handed down in drinking and driving cases depend on many factors, including how many prior drunk driving convictions a driver has, whether the case is charged as a felony or a misdemeanor, and whether or not the driver was involved in an traffic collision.

A skilled DUI / DWI criminal defense lawyer from www.NotDrunk.com will guide the accused driver through the complexities of the legal system and ensure that his or her rights are protected.

The sentences handed down in a DUI / DWI or driving under the influence of drugs (DUID) cases may include fines, jail, license suspension or revocation, mandatory alcohol education programs, probation, and ignition interlock devices.

Prior drunk driving convictions can substantially increase the punishment handed down in a DUI / DWI case. Many states have a “washout” or “lookback” period for drinking and driving offenses, meaning that if a driver is arrested on a second or subsequent offense during that time period, the arrest is treated as a multiple DUI / DWI. If the lookback or washout period passes after a first conviction without a second arrest occurring, the later offense is treated as a first-time drunk driving offense.

Fines assessed in DUI / DWI cases vary from state to state, and can range from a few hundred dollars to tens of thousands. In addition, some states have “penalty assessments” that can substantially increase the base fine.

Whether a driver convicted of DUI / DWI is likely to be sentenced to jail or prison also varies greatly from state to state and depends on the number of times the motorist has been convicted of drunk driving in the past. In most states, a first offense will result in little or no jail time. More serious drinking and driving offenses, particularly those charged as felonies or those that involve accident, injury or death, likely carry mandatory jail time.

In many states, a driver accused of DUI / DWI faces two cases, not one. The state’s motor vehicle division may bring an administrative case against the driver that is separate from any criminal case. If that’s the case, the driver may have a limited time to request an administrative hearing or risk automatically losing his or her license. An experienced attorney from www.NotDrunk.com can advise an accused driver of the Department of Motor Vehicles requirements in his or her state.

A motorist convicted of drinking and driving may be required to attend alcohol education classes. The requirements of an alcohol education course will depend on the state where the offense occurred, the number of prior DUI / DWI convictions, and whether the offense was charged as a misdemeanor or a felony. It may be possible to get a restricted driver's license to allow for driving to and from the program. 

The court may order the driver to install an ignition interlock device as a condition of probation.  Ignition interlock devices attach to a vehicle’s ignition and test for alcohol on a driver’s breath.  If the device detects a measurable amount of alcohol in a driver’s breath, the car will not start.