how an attorney changed the outcome of my lawsuit

Posted on: 2 April 2015

If you have a problem with alcohol, getting arrested for drunk driving just makes a bad situation worse. However, is there anything that you can do that will make the situation better and improve your chance of getting some leniency at sentencing? Absolutely! Use this guide.

1.) Get Into A Program.

If you voluntarily enter a treatment program, whether at a private rehab, outpatient facility, or through Alcoholics Anonymous (AA), you are showing the prosecutor and judge that you are serious about accepting responsibility for your actions and getting control of your addiction.

By being proactive about your own rehabilitation, you are showing the prosecutor that you don't have to be incarcerated in order to kick the habit.

2.) Don't Break The Rules.

You need to stay out of any bars, liquor stores, or clubs where alcohol is sold. Get as far away from any risky behavior that could lead to additional charges while your case is pending in the courts. Even though it doesn't involve driving, any sort of legal trouble (for fighting, public intoxication, or some other crime) could become a problem if you're seeking a plea bargain. A prosecutor can argue that you haven't learned from your experiences or a threat to others.

If your license is suspended pending the outcome of your case, don't get behind the wheel of your car for any reason. Once you have your court date you can appeal to the court for an occupational license that will allow you to drive back and forth to work. Until then, don't risk it.

You want to show the court that you have the ability to follow the law and will make good use of probation if you're granted it.

3.) Build A Case For Leniency

Depending on where you live, you may be facing mandatory minimum sentencing for a DUI. If that's true, the prosecutor can't give you any less of a sentence than that, no matter what your circumstances.

However, if there isn't a mandatory minimum sentence, you want to try to mitigate your punishment by showing the judge that you're a good person who just had a temporary lapse in judgment.

There are several things that you can use to help lessen the impact of your actions, including:

• a psychological evaluation or report that discusses any unusual stressors that were happening in your life at the time of the arrest
• letters of referral from your employer, AA sponsor, physician or clergy
• evidence of community service or other positive contributions you've made to your community

Even if you are facing a mandatory minimum sentence, presenting this sort of evidence could keep a judge from imposing anything beyond the bare minimum penalty by showing you as someone with whom others can sympathize.

In today's legal climate, where there's a lot of attention focused on drunk driving, the more that you can do to convince the court to give you an opportunity for probation, or a lesser sentence, the better. Discuss the situation with an attorney (such as Patricia K Wood Atty) early, so that you can take advantage of all opportunities to lessen the impact of the DUI on your life.