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What mitigating factors can help your DUI case?

On Behalf of | Mar 24, 2022 | DUI Defense

If you are facing DUI charges, the sentence you will receive after a guilty verdict depends on the circumstances of your case. The courts will consider certain aspects of your DUI when deciding on the appropriate punishment.

Some details of your case, known as mitigating factors, may work in your favor and lead the court into reducing your sentence. Below are such instances.

No previous DUI conviction

If this is your first DUI case, you are likely to get a lighter sentence than a repeat offender. Under Florida DUI laws, you could be staring at felony charges if you are convicted for the third time for a DUI within ten years.

Good behavior during the arrest

If you cooperated with law enforcement during the arrest, it could help your case. However, if you resisted arrest or were generally troublesome while engaging law enforcement officers, it could work against you.

A low blood alcohol content

While going beyond the legal blood alcohol concentration (BAC) level is against the law, you are likely to be handed a lower sentence if you were only slightly above the legal limit. (On the other hand, if your BAC is two or three times the allowed limit, it could aggravate your sentence.)

Voluntary enrollment in a substance abuse treatment program

Part of your DUI sentence may include undergoing a mandatory rehabilitation program. However, voluntarily seeking treatment shows that you are remorseful and willing to change, which may mitigate your penalties.

Do not leave anything to chance

Even if there are mitigating factors in your DUI case, it is advisable to handle your case carefully. None of the factors above can guarantee you a break in sentencing. Therefore, it is advisable to explore viable defense strategies that you can use in your DUI case to increase the chances of a positive outcome.