One of the biggest concerns our clients have with their Los Angeles DUI Case, is whether they will have to serve a jail sentence. The answer will depend on several different factors and the argument presented by your Los Angeles DUI Attorney.
Two of the biggest factors the court will consider is the facts of your specific case, and any offenses you may have been convicted of in the past. The best way to understand these is through some examples.
Facts of the case:
In general, cases in which there is egregious damage to property, or injury, will be filed as a felony. Felony cases could potentially carry with them a jail sentence.
David was driving home after having a few beers with his friends over the course of the evening. He had started to drive home, and then realized that perhaps it was better that he did not drive. He pulled over on the side of the road and fell asleep in the driver’s seat. Shortly thereafter, he was questioned by officers. He was given a Preliminary Alcohol Screening test, and tested at .09, slightly over the legal limit.
Although David was not driving at the time he was questioned by officers, the facts of the case imply that he had been driving, while he had alcohol in his system. David’s blood alcohol content level was low, and he had not damaged any property or caused any injury to anyone else. In fact, he was pulled over and not even driving at the time. Therefore, it is unlikely that David would be given a jail sentence.
Let’s consider Donna’s case. Donna was driving home from a birthday party. She had not eaten all day and had taken a few shots, on top of the wine she had with dinner. Donna mistakenly believed she was fine to drive, however, as she got onto the freeway, she drifted off of the lanes onto the shoulder, and into a car that had pulled over due to car trouble. Donna not only rear ended the vehicle driving at a high speed, she injured the driver that was outside of the car attempting to get help and get his car fixed. The driver was taken to the hospital with possible fractures. Donna’s case is egregious in the sense that she has not only caused some property damage, but also injury. It is likely Donna will have a jail sentence involved with her case. However, a Los Angeles DUI Lawyer is able to negotiate and argue with Prosecutors to minimize the jail sentence as much as possible, and also even suggest alternative options.
The Los Angeles DUI laws are set up so that if you have prior DUI’s the possible sentences and requirements change. So if a person has a prior DUI, or even an extensive record of criminal offense, the Court has the discretion to take this into consideration when issuing a sentence. Again, this is the benefit of having a Los Angeles DUI lawyer fighting on your behalf. They can argue the case and present the facts so as to minimize your potential sentence, with the goal of having your case reduced or dismissed altogether. Make the best decision for your future, consult with one of our knowledgeable and experienced attorneys today!