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Sentences for DUIs can vary widely depending on the facts and circumstances of the cases. It will also depend on the jurisdiction in which the offence occurred. However, it’s typical to avoid incarceration other than the original arrest on a DUI first. Other than the night of the arrest on a run of the mill first offense, the likelihood of incarceration is relatively minimal. But, the chances of incarceration increase greatly if there are damaging facts or aggravating factors. There are aggravating factors that are enumerated in the statute. For instance, some aggravating factors include having a child under 12 in the vehicle, if your blood alcohol content is .15% or higher, if you were pulled over for speeding over 30 miles an hour, if an accident was caused, and if an accident resulted in death or serious physical injury. Other factors can impact a prosecutor’s feelings about the case and impact the offer that you get from the prosecutor. This is a reason why having a knowledgeable attorney on your side can make a significant difference in your case, even when you plead guilty. But generally, a defendant is looking at up to 30 days on a DUI first. On a second DUI within 10 years, a defendant faces seven days to six months. On a third DUI, a person can face 30 days to 12 months. A fourth DUI is a felony, and it can result in one to five years in prison. Some of the jail term is mandatory depending on the situation. It’s very fact specific. In other words, it really depends on the case and the negotiation to determine how much time you get.

Why Is It So Important To Work With An Experienced DUI Attorney To Fight My Charges Versus Just Going Ahead And Pleading Guilty Just To Get It Over With?

There’s always work that can be done, even if the prosecutor has a pretty good case. For instance, there are motions that can be filed. The average person does not know all the things that can be attacked starting with the reason why you were actually pulled over. For example, a knowledgeable attorney can determine whether proper protocol was followed, can look at the calibration on the machine, and whether the officer read the implied consent to you. There are a lot of different things that can be considered. Sometimes doing those things, even if you lose on those issues, can help convince the prosecutor that the case isn’t as good as they thought. As a result, you might be able to get a better offer, even when pleading guilty. An experienced attorney can negotiate the case, file the proper motions, and make the right arguments to the prosecutor. Thus, the prosecutor can see the issues that they have and significantly cut down on the time you’re getting or other penalties, even if you plead guilty. Of course, there are also times when you’re able to beat the case through trial or motion practice. Therefore, having a good attorney who knows what they’re doing, and who has experience in the area is invaluable.

For more information on Typical Penalties For DUI Cases, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (270) 936-7770 today.

Eric Bates, Esq.

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(270) 936-7770