DUI or Driving Under the Influence is considered a serious offense in Indiana. When a person is found guilty of driving under the influence, the judge has to decide on DUI sentencing based on the situation. If you are arrested with a blood alcohol content of 0.08% or more, you will most likely be charged with two counts, the first one being driving under the influence or driving while impaired and the second one being driving with a BAC of 0.08% or more. If you are found guilty on either charge, you will have to face penalties. These penalties depend on a number of factors and also depend on the rules of the state where the DUI charge occurred.
Blood Alcohol Content at the time of arrest – If the driver was over the allowed legal limit of alcohol, which is 0.08% in most states, then the charges are harsh. In cases that the BAC is 0.15% or more, the driver will have to face stiffer sentencing. The level of intoxication affects DUI sentencing.
Results of the field sobriety test – Just like the blood alcohol contents are important, the results of the field sobriety tests are also taken into consideration by the judge.
Does the driver have a prior conviction(s)? – If the driver has prior convictions, within 10 years, the jail sentence increases along with other penalties like driver’s license suspension, fines and fees, probationary periods etc. The driver’s past criminal and driving record is scrutinized and if there are any alcohol-related crimes in the past, the judge may impose penalties that are more stringent.
What caused the driver to be arrested? – Actions such as over speeding or reckless driving give signs to the police officer on duty that the driver might be under the influence.
Passengers riding the vehicle – If the driver had children under the age of 14 in the car at the time of arrest, the penalties are harsh.
If the accident involved any injuries or death – In case there were injuries or death, the driver is charged with a longer prison sentence. Drunk driving death cases are handled as DUI manslaughter which has harsher penalties.
If the driver misbehaved with the arresting officer – The arresting officer’s testimony is also considered by the judge before passing the sentence. If the defendant’s behavior at the time of arrest was rude, the judge can pass a harsh sentence.
Refusal to take the breathalyzer test when pulled over – If the driver refused to submit to chemical testing at the time of investigation, it can negatively affect the case. However, this depends on the DUI laws of the state.
If there were any collisions – If the defendant was involved in a collision with another vehicle, or if he or she crashed into a tree or building, causing property damage, it will be seen as a clear sign of impairment. If another vehicle was involved in the crash, then penalties can be even more severe, especially if the accident caused serious injury or death.
Author Bio
Richard Jacobs is a chief editor since early 2007, and he currently works for MyDUIattorney. A website that helps you to find the right DUI lawyer, you can search for a Newyork DUI Attorney or for Domestic Voilence attorney Orlando online, anytime!
