How to Minimize a DUI Penalty

With some effort, you can minimize your DUI penalty.

Once upon a time, DUI's resulted in little more than a slap on the wrist and a warning not to do it again; nowadays, DUI convictions often lead to loss of driver's license, fines and even incarceration. People who have repeat DUI offenses face more significant penalties than first time offenders, but, regardless of your criminal history, you can take steps to minimize the penalties if you get pulled over for a DUI.

Instructions

1. Be polite. From the moment you see flashing lights behind you, enter a polite mindset. According to the National Highway Traffic Safety Administration, one of the clues of intoxication that law enforcement officers look for is a person's demeanor. Officers will investigate a driver much more thoroughly if he delays pulling over or acts obnoxiously when the officer speaks to him. These types of behaviors can also act as sentencing aggravators when the judge or prosecutor reviews your case.

2. Get a lawyer. Attorneys charge a lot, but they can charge so much because the services they provide can make the difference between a conviction with a severe sentence and a dismissal. When you choose a lawyer, make sure to find one who specializes in DUI cases. Even the best civil attorneys do not know the details of DUI law as well as lawyers who deal with it on a regular basis.

3. Ask for a deferral or reduced charges. If you do not have a defense for your case that would make it likely that you would win at trial, ask if the prosecutor will reduce the charges. Some states even offer deferral of prosecution. If your case gets deferred, a judge will set forth conditions, such as getting alcohol counseling, paying fines or doing community service. If you satisfy the conditions and stay out of trouble, the case gets dismissed and comes off your record.

4. Ask for a reduced sentence. Many states offer special programs to try to rehabilitate repeat DUI drivers, rather than simply throw them in jail. Although these programs may minimize the amount of jail time you serve, they require a commitment on your part. The Washington State program, for example, requires five years of probation, which is more than you would receive with a regular sentence.

5. Write a letter. Tell the judge you regret your actions and have learned your lesson. If you are sincere and the judge believes that you are truly sorry, she will be less likely to aggravate your sentence. You can improve your chances of minimizing your penalty by coming into court after having already attended alcohol treatment, having paid restitution to anyone injured as a result of your DUI or having an employer or family member tell the court that you have changed.

Tips & Warnings

• This article is not a substitute for legal advice. It is only a summary of information.

• Remember that anything you say after being arrested can be used against you, so do not volunteer information that could undermine your case.

References

• Improved Sobriety Testing: National Highway Traffic Safety Administration
• Why it is important to find a DUI Attorney
• Washington State's DUI Guide