DUI and DWI situations Part 4 – DUI-DWI Sentencing and Appeals
In almost all jurisdictions, you will be sentenced directly after your trial is concluded. The estimate is limited in what punishments he can impose based on the applicable DUI or DWI statutes of your State’s Penal or means Code.
Your possible sentences could include:
- Mandatory treatment at a drug or alcohol rehabilitation center
- Mandatory community service
- Suspension of your driver’s license
- Mandatory use of a means ignition interlock device – This device requires you to blow into a breathalyzer, and you must blow an appropriate blood alcohol count before your car will turn on.
- Mandatory payment of fines
- Probation – If the estimate chooses this option they will include a “suspended sentence” which will come into effect if you violate the conditions of your probation.
- Incarceration in Jail
- Incarceration in Prison – This is generally only administered if your incident caused injury to or killed a person.
The sentencing estimate must to follow the applicable sentencing guidelines in the State’s statutes. These laws set forth different factors the estimate must consider when choosing which punishment to impose on you. Such factors could include:
- Any statements of regret or penitence you deliver in court – Sincere expressions of remorse will not erase your mistake, but could encourage leniency from the court.
- Your personal, economic and social circumstances – Were you going by a divorce? Did you lose your job? Did a loved one die recently? These things don’t completely excuse your behavior, but could mitigate the punishment stated.
- The impact of your DUI or DWI violation on any other persons – Did anyone die as a consequence of your behavior? Was anyone injured? Did you damage anyone else’s character? If the answer to any of these questions is “yes” this could increase your sentence.
- Your DUI or DWI record and any other general criminal history – If you have been before convicted of a DUI or DWI, the sentencing estimate will assume that your past punishment did not convince you to change your ways and will most likely assign a harsher sentence this time.
After your trial has ended and you have been convicted of a DUI or DWI, you are nevertheless allowed to allurement the ruling on your case. If you choose to do so, you must notify the court and the government of your intent to allurement within a short time after your conviction/sentence is handed down.
An allurement is made when the party that lost the original case wants to ask an appellate court to change the ruling. The label “appellant” isn’t limited to one side: if you are convicted and wish to allurement, you will be the appellant; but if your case was dismissed and the government wishes to allurement, they will be labeled as the appellant.
In order to issue a dismissal or reversal on allurement, the higher court will only review the record of the court proceedings in your original trial. No new evidence can be admitted – only the Record is allowed. The Record is generated by the transcripts taken by the court reporter who writes down everything said in court by the estimate, by witnesses, by the lawyers, etc. (This is why you’ll hear TV/Movie judges/lawyers asking a person sitting at a kind writer to “read back the last part of the Record” to verify something said before.) The Record also includes any evidence (i.e. documents, pictures, video tapes, audio recordings or other objects) presented at your original trial.
In addition to the Record, the appellate court will also review written briefs which each side will file with the court. The appellant’s fleeting must include an argument for why or how the court’s ruling (the conviction/dismissal or the sentence imposed) was legally in error (i.e. wrong). The other party, now referred to as the appellee, will write a fleeting in addition, they will include their arguments for why the ruling should be upheld as is, they will typically argue against any modifications to the ruling in addition.
In most jurisdictions, the appellant will have a chance to write a second fleeting which responds to the arguments made and issues raised in the appellee’s fleeting. If it so chooses the appellate court can also require the attorneys representing both sides to make oral arguments in court in addition.