What happens in the Sentencing Stage of a Drunk Driving Accident Case?

A suspect charged with drunken driving is convicted either by irrefutable evidence presented by the prosecution or by the defendant pleading guilty or pleading with no contest to the charge.

When a drunk driver is convicted of drunk driving, he or she will be scheduled to undergo a sentencing where the punishment will be assessed and declared according to the severity of the crime and the person’s previous criminal/drunk driving record, say drunk driving accident lawyers from Fort Lauderdale, FL.

Punishments for drunk driving not only vary from state to state but also from vary depending on the particulars of the crime itself. In most states, a first time drunk driving offender who was pulled over and was found to be only just above the legal BAC or blood alcohol content limit will be charged with a misdemeanor and the punishment will not be as severe.

This was not the case for Debra Morgan in Dexter. No way! She was terrible drunk and even sleeping drunk in her car after she rammed into a steel meter maid damaging her car and wrecking city property. Her BAC must have been atrocious. Well, her mind was in another world at that point, she was shamed with guilt. 

On the other hand, let’s assume a drunk driver that caused an accident that led to the death of one of the occupants in his car was apprehended by law enforcement officers after his breathalyzer result showed he was twice over the legal limit and also has prior drunk driving offenses. He will most likely be charged with a felony DUI and accordingly, the punishments can be very serious indeed and Florida drunk driving accident attorneys have seen charges like this many times before.

In most states, drunk driving convictions include, but are not limited to, the following legal repercussions –hefty fines, lengthy prison sentences, mandatory installation of ignition interlock devices, ankle bracelets, probation, mandatory completion of alcohol and drug counseling courses, and community service. In addition, the victim will be eligible to file a personal injury lawsuit and claim compensation from your insurer following the DUI accident.

Pre – Sentencing Report

After trial and before the actual sentencing itself, especially in cases where the crime is serious, the sentencing does not happen right away after conviction and your Fort Lauderdale, FL drunk driving accident lawyer will explain this to you. This period is called the pre-sentencing stage where the sentencing is delayed until a judge gets the opportunity to comprehend from the prosecution first hand as to what their claims are and then hear the argument of the defense once more and also go through a pre-sentencing report generated by a local probation department.

Discretion in Sentencing

When the day of the sentencing arrives, the suspect’s legal defense counsel will probably already have a very accurate idea of what the sentencing will be given since in most states the sentences and punishments for specific crimes are already laid out in clear detail.

However, there are still some areas where the sentencing judge can use his or her discretion and make the sentence even more severe. You may have seen this in the show The Wire in the first season where the Bird was tossed into prison for murder after a witness (Omar) pointed him out. After seeing Bird’s reaction in court and his attitude, the court had very little sympathy for him. 

Therefore and moreover, even though you are already convicted of driving under the influence, it would still be wise to maintain decorum and act professional during your sentence hearing because any immoral behavior only gives the judge impetus to stiffen your sentence even further. Right Bird?!

If you have been arrested and charged in a drunk driving accident, you can always count on a Florida drunk driving accident lawyer for help. On the other hand, if you are already convicted your legal counselor will help you prepare for a sentencing in such a way that you impress the judge and present yourself in the best light so as to receive the lightest sentencing possible. Don’t mouth off at the witnesses, the plaintiff, or the police. That would be unwise!

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You may have made a mistake and perhaps this punishment is what you need. Just see Dicky Eklund (Christian Bale) in The Fighter. You may not realize then but years later, after you get out and are working again, you may realize that sentence possibly saved your life and perhaps someone else’s which in essence would have cost you your life.

Click right here Drunk-Driving-Accident.USAttorneys – find yourself the legal help you need. There is a Fort Lauderdale, FL drunk driving accident lawyer that can help you out in your current crisis.