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The range of penalties that may be imposed on you for a conviction of DUI or another driving related offense is set by the legislature. The sentencing judge then has discretion to impose penalties within the established range. The Prosecutor and your defense attorney are then able to make sentencing recommendations to the judge, but the judge is not bound by these recommendations even when they are made as part of a plea agreement. When the legislature has established a mandatory minimum penalty for an offense, the sentencing judge must impose the mandatory minimum sentence. The judge is free to go above the mandatory minimum sentence established by the legislature, but the judge must impose the minimum fine and period of confinement established for the offense in question.
The mandatory minimum sentence that is applicable to your offense will depend on two things. First, the court will look at your breath/blood alcohol level at the time of the offense and whether you refused a lawfully requested breath test. Second, the court will look at your criminal history. The mandatory minimum sentences applicable to your case will increase if you refused a lawfully requested breath test or your breath/blood alcohol level is .15 or above. It will also increase for each “prior offense” you have been convicted of in the past 7 years.
1) Standard Sentencing Range for DUI
a. 1-364 days confinement b. 0-$5000 fine c. 5 Years of Probation
2) Mandatory Minimum Penalties for DUI under .15 BAC
a. No Prior Offenses i. Mandatory 24 hours confinement (Judge has discretion to convert 15 days of Electronic Home Monitoring) ii. Minimum Fine of $940.50 iii. License Suspension = 90 Days iv. Mandatory Ignition Interlock Requirement = 1 Year v.Alcohol/Drug Evaluation and Completion of Recommended Treatment
b. One Prior Offense i. Mandatory 30 Days Confinement ii. Mandatory 60 Days Electronic Home Monitoring iii. Minimum Fine of $1,195.50 iv. License Revocation = 2 Years v. Ignition Interlock Required for 5 Years (If previous 1 year requirement) vi. Alcohol/Drug Evaluation and Completion of Recommended Treatment
c. Two or Three Prior Offenses i. 120 Days Confinement ii. 120 Days of Mandatory Electronic Home Monitoring iii. Minimum Fine of $2045.50 iv. License Revocation = 3 Years v. IID Requirement = 10 Years (If previous 5 year requirement) vi. Alcohol/Drug Treatment and Completion of Recommended Treatment
3)Mandatory Minimum Penalties for Refusal or DUI with .15 BAC or above a. No Prior Offenses i. 2 Consecutive Days Confinement (Judge has discretion to convert to 30 days Electronic Home Monitoring) ii. Minimum Fine of $1,195.50 iii. License Revocation - 1.1 Year if .15 or above, 2.2 Years if breath test refused iv. IID Requirement = 1 Year v.Alcohol/Drug Evaluation and Completion of Recommended Treatment
b. One Prior Offense i. 45 Days Confinement ii. 90 Days Electronic Home Monitoring iii. Minimum Fine of $1,620.50 iv. License Revocation = 1.900 Days if .15 or above, 2.3 Years if breath test refused v. IID Requirement = 5 Year (If previous 1 Year Requirement) vi. Alcohol/Drug Evaluation and Completion of Recommended Treatment
c. Two or More Prior Offenses i. 120 Days Confinement ii. 150 Days of Electronic Home Monitoring iii. Minimum Fine of $2,895.50 iv. License Revocation = 4 years v.IID Requirement = 10 Years (If previous 5 year requirement) vi. Alcohol/Drug Evaluation and Completion of Recommended Treatment
Alcohol and Drug Evaluation
As part of almost any resolution of an alcohol or drug related driving offense the court will require an alcohol/drug evaluation with a State certified treatment agency. Feel free to contact Garza Defense PLLC for a list of recommended State certified agencies in your area. The court will then make compliance with the recommended treatment plan a condition of your probation. This means failure to comply with the recommended treatment plan constitutes a violation of probation and the judge can sentence you to jail or impose the suspended portion of any confinement or fine in your case.
Picking the right treatment agency is the first step in obtaining an accurate and fair evaluation. Garza Defense PLLC has relationships with various treatment agencies providing fair and accurate evaluations in your area. Contact Garza Defense PLLC to be connected with one of these agencies.
The evaluation itself is about an hour and a half long process. You will show up to the treatment agency at the scheduled time. The evaluator will interview you as to your previous alcohol/drug use and the effects this use has had on your life. The evaluator will use two different sets of diagnostic questions in order to determine the level of your addiction and dependency on alcohol/drugs. You will also have to take a urinalysis test to determine the presence of alcohol/drugs in your system.
The evaluator will use the answers you provide in your interview, the police reports related to your current offense, a record of your past criminal history, and the results of your urinalysis to determine the level of your addiction/dependency and the appropriate treatment program. The evaluator will then send a copy to your attorney. It is crucial that you inform the provider that you are only authorizing release of the evaluation to your attorney. This is to preserve your right and ability to get a second evaluation should you disagree with the results of the first.
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