Mandatory Jail DC DUI Sentencing

A mandatory jail DC DUI sentencing is a jail sentence that a judge does not have the discretion to go below. For example, if a person is facing a second offense DUI charge then a conviction on a second offense DUI charge subject that defendant to a mandatory minimum ten days of jail time.

If a prosecutor files the proper paperwork to threaten an enhancement, a conviction could mean that the individual would not be eligible to receive a sentence lower than ten days of jail time, even if the person has done alcohol classes, residential treatment program, whether the person is working or has children, the judge in that situation would not have the option of imposing a sentence less than that mandatory minimum jail penalty. It could be critical to speak with a driving under the influence lawyer immediately.

How Judges Determine Minimum Sentencing

The mandatory jail DC DUI sentencing often depends on the defendant’s prior criminal history. If the individual has previously been found guilty of driving under the influence within the past 15 years, they could face a minimum jail sentence of ten days if they are convicted on the second offense DUI in DC. If someone is charged with a third offense drunk driving offense, the possibility or duration of jail time will increase of up to 15 days.

What Does Minimum Mean when it Comes to Sentencing?

A mandatory jail DC DUI sentencing is considered the lowest penalty for the judge could go higher than the mandatory minimum sentences. If a person provides the sample of breath upon their arrest and their breath sample comes back with breath alcohol content at a 0.20 or higher, that would also make the defendant eligible for certain mandatory minimum jail sentences.

On a first offense with breathe alcohol content and a 0.20 or higher, conviction would make the mandatory minimum jail sentence ten days. If a person has a prior DUI conviction and has blood alcohol content in the present case at a 0.20 or higher that person would face a mandatory minimum 15 days of jail time in addition to the minimum for having a prior DUI.

A person in that situation will face a minimum jail sentence of 25 days and then the penalties potential increase from there depending on the number of prior DUIs and the person’s breath alcohol content with a mandatory minimum level increasing with each subsequent DUI and increasing levels of breath alcohol content.

Classifying Maximum Jail Times

On a first offense DUI, the maximum jail sentence a person can receive is 180 days in jail. That maximum jail sentence does not change depending on the results of a person’s breath, urine or blood test, no matter what on a first offense DUI, the maximum jail sentence is 180 days in jail.

On any subsequent DUI case, whether that is a second offense DUI or a tenth offense DUI, the maximum jail sentence a person could face is one year of jail time. The number of prior offenses and in general a person’s criminal history would have an impact how a judge decides to sentence. Therefore, it can be critical to speak with an attorney about potential mandatory jail DC DUI sentencing in relation to your case. 

DC Criminal Lawyer

DC Criminal Lawyer
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Shawn Sukumar Attorney at Law
1826 Jefferson Pl NW
#205

Washington DC 20036