A DUI conviction in Pennsylvania can carry serious penalties, especially when a driver has prior DUI convictions or aggravating factors in their offense. Courts consider various factors in fashioning a sentence, and defendants may apply for or request sentencing alternatives to incarceration. Furthermore, an effective defense strategy can help defendants argue for a lower sentence.
Sentencing Factors in PA DUI Cases
Sentences in DUI cases will depend on a consideration of various factors in a defendant’s case, including:
- The seriousness of the defendant’s offense
- The defendant’s criminal history, including whether the defendant’s history reflects escalating criminal behavior
- The impact of the defendant’s offense on any victims
- The defendant’s rehabilitative needs
- The need to protect the public from future criminal behavior by the defendant
Pennsylvania’s DUI laws impose specific sentencing ranges for each type of offense, including fines, incarceration, and other penalties like driver’s license suspension that the trial court may impose.
Sentencing Alternatives in DUI Cases
Drivers facing a DUI conviction may have the option of pursuing sentencing alternatives that avoid fines or incarceration. For example, a driver facing a first DUI charge may apply for admission to the Accelerated Rehabilitative Disposition program, which provides treatment and rehabilitation. Completing the program will result in the dismissal of the DUI charge so that a driver avoids a criminal record.
Defendants convicted of DUI may request other sentencing alternatives from the trial court, such as probation or community service. Defendants may also voluntarily enter inpatient alcohol or drug rehabilitation programs and request a credit against any incarceration time the trial court might impose. A court may agree to credit time spent in rehab as a defendant’s decision to seek treatment may signal their acceptance of responsibility for their conduct and willingness to take actions to avoid repeating that conduct.
Strategies for Arguing for a Reduced Sentence
Various defense strategies can also help defendants present compelling arguments for reduced sentencing. Common arguments for reduced sentences can include:
- Remorse/acceptance of responsibility: A defendant who pleads guilty to a DUI charge and demonstrates remorse for their actions may convince the court to impose less than the maximum possible penalty.
- Completion of counseling/rehabilitation: Defendants who seek professional help for addictions, substance abuse issues, or other mental health problems that may have led to their DUI offense can show the court that they have proactively taken steps to address the factors that contributed to their behavior.
- Lack of criminal history: Courts frequently offer lenity to defendants facing the criminal justice system for the first time.
- Strong family/community ties: A defendant with a robust support system may convince the court that their loved ones can help them avoid future unlawful conduct.
Contact a DUI Defense Attorney Today
If you’ve been charged with DUI, hiring an experienced defense attorney can help you minimize the consequences of an arrest and conviction. Contact McCormick & Vilushis LLC today for a confidential consultation with our dedicated team of attorneys to discuss your legal options for seeking a reduced sentence if convicted of DUI.