Los Angeles DUI Lawyer Blog
When you have been arrested for suspicion of Driving Under the Influence, you have only been charged. In order to convicted, and therefore sentenced, it first has to be proven beyond a reasonable doubt that you meet all the elements required to be found guilty of a DUI.
If you have been convicted, and not merely charged, one of the components of your DUI sentence will be an alcohol program. Statutorily, the Court may sentence you to up to six months of an alcohol education program. However, the length of the program may be reduced under the proper negotiations.
The length of your program will greatly depends on the facts of your case and your prior criminal history. Let’s consider the example of Danny. Danny has had no previous criminal arrests, nor has he been convicted. His blood alcohol level at the time of arrest was about .09 and he was stopped for a broken headlight. Because Danny does not have any extreme enhancements that would cause the Judge to raise an eyebrow, including no prior criminal history, the Judge may sentence Danny to complete only 3 months of an alcohol education program.
In contrast, let’s consider Don. Don has been previously arrest for a DUI about two years ago. He gets arrested again with a blood alcohol level of .16. He was stopped by officers because he had run into a fence that is private property. No one was injured. In this case, Don has a previous history of DUI. In addition, he had a high blood alcohol level (almost double the legal limit) and he caused damage to private property. These are facts the judge will take very seriously.sNot only does he have a prior record but he could have caused some serious injury to another driver or person. The Judge is not likely to sentence Don to just 3 months of alcohol education classes, it will be closer to the statutory maximum of six months.
In addition, many Los Angeles Criminal Attorneys will instruct their clients to start attending alcohol education classes and the client’s effort and completion as grounds for negotiating a lower sentenced alcohol program. It not only demonstrates to the Prosecutor and the Court that you are taking your arrest very seriously, it shows that you are dedicated to complying with an order. Therefore, the Court is reluctant to sentence an extensive length of alcohol classes.
If you have been charged with a DUI, minimize your sentence and takes the necessary steps to reduce your sentence as advised by a DUI specialist in Los Angeles. It could save you time and expenses as well as possibly reduce or dismiss the charges against you.