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DUI Sentencing

DUI Sentencing. By Diana Koch Director’s Attorney Department of Corrections. First Offense § 61-8-714. Imprisonment NOT LESS THAN 24 hours or more than 6 months All except first 24 hrs can be suspended Pending successful chemical dependency treatment

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DUI Sentencing

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  1. DUISentencing By Diana Koch Director’s Attorney Department of Corrections

  2. First Offense§ 61-8-714 • Imprisonment • NOT LESS THAN 24 hours • or more than 6 months • All except first 24 hrs can be suspended • Pending successful chemical dependency treatment • First 24 hrs can be suspended ONLY if • Imprisonment would pose a risk to • Physical or mental Well-being • Fine of $300 to $1,000

  3. Second Offense§ 61-8-714 • Imprisonment • NOT LESS THAN 7 days • or more than 6 months • “At least 48 hours of the imprisonment term must be served.” • Imposition or execution of first 5 days cannot be suspended • Pending successful chemical dependency treatment • Fine of $600 to $1,000

  4. Third Offense§ 61-8-714 • Imprisonment • NOT LESS THAN 30 days • or more than 1 year • “At least 48 hours of the imprisonment term must be served.” • Imposition or execution of first 10 days cannot be suspended • Fine of $1,000 to $5,000

  5. Fourth or Subsequent Offense §61-8-731 • Person who has never been to WATCh: • Time spent in jail before sentencing is subtracted from 13 month sentence • 13 months committed to DOC • Followed by up to 5 yrs to DOC or Prison, all suspended

  6. Fourth or Subsequent, Continued • If the person completes: • The remainder of the 13 months is suspended • “residential alcohol treatment program operated or approved by the department of corrections.” WATCh is the only “residential alcohol treatment program” The DOC has ever approved

  7. If the offender does not complete WATCh • Because • Not accepted into WATCh or • Flunks out of WATCh or • Offender does not have 6 months left to complete WATCh • DOC places offender where it deems best—usually prison—for remainder of 13 months

  8. Offender who has been to WATCh • Whether completed or not • 13 months to 5 years committed to DOC • NO amount has to be suspended • NO amount must be imposed 5 yrs DOC is O.K. 5 yrs all suspended is O.K., too.

  9. Conditions of Suspended Sentence for all Felony DUI Probation • Residence • Travel • Employment • Reporting • No firearms • Financial • Search • Obey all laws & be good citizen • No Alcohol • No Gambling • No bars • No driving [unless authorized by PO, then only with interlock] • Aftercare • Random/routine UAs Standard P&P Conditions Other Conditions

  10. More than 4 DUIs: • They’ve usually been to WATCh • Can add: • If within 5 yrs of previous DUI, can charge as Persistent Felony Offender (PFO) (up to 100 years) • Vehicular homicide (up to 30 years) • Negligent Vehicular Assault (up to 1 yr if no serious bodily injury—up to 10 yrs if serious bodily injury) If offender does not hurt anyone If offender hurts someone

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