Your Requested Sentencing Of DUI School Could Be A Challenge In These Situations

Posted on: 27 November 2018

When you and your attorney look at the sentencing options that are possible following a guilty verdict in a DUI case, one of the more favorable ones may be to attend DUI school. Sitting in a classroom and learning about the risks and consequences of driving drunk isn't particularly difficult, and when you compare it to jail time or a fine, DUI school may seem like the best outcome of this difficult situation. As much as you might be eager to attend DUI school, you have to accept that requesting it as a punishment doesn't automatically mean that it will happen. In these situations, you might not be able to attend DUI school.

This Isn't Your First DUI Charge

Judges often impose DUI school sentencing for first-time offenders. The mindset is that this person has made a serious but regrettable error, and that a proper education about driving under the influence of alcohol may curb behavior of this type for good. If you've previously been arrested for DUI — even if it was several years ago — the judge presiding over your case may be reluctant to impose DUI school as part of your sentencing. He or she may feel that you obviously haven't learned your lesson, and you should thus face a stiffer punishment.

You Committed Other Driving Violations

DUI school might be appropriate for someone who had one too many glasses of wine at dinner, got pulled over, and expressed serious remorse for his or her actions. However, if you behaved in a more concerning manner, the judge may feel inclined to be harsher with your sentencing. For example, if you led the police on a chase before you were apprehended, had an accident while driving drink, or committed other driving violations, the implication is that you made each of these bad decisions willfully and the relatively light sentence of DUI school might not be enough for you.

You Were Extremely Intoxicated

Some people get DUI charges because they drank a little too much by accident. If your blood alcohol reading was just slightly over the legal limit, this might be the case. Other people ignore the law by drinking heavily and then driving. For example, if your blood alcohol was three times the legal limit, your decision to drive drunk wasn't an oversight. You clearly disregarded the law and got behind the wheel of your car. This is another scenario in which the judge may decide that DUI school is too light of a sentence.

To learn more, get in touch with a business like Thomas & Associates, PC.