Certain aspects of your DUI case may determine the sentence the court gives you after a guilty verdict. They are known as mitigating factors and may lead the court to reduce your penalties.
Below are some of these mitigating factors.
Is this your first DUI charge?
If this is your first DUI offense, the court may be lenient with the sentence handed to you. Usually, the penalties for driving under the influence are stiffer for repeat offenders. For instance, while you could be staring at misdemeanor charges for a first offense, three or more DUI offenses could see you facing felony charges under Georgia law.
How drunk were you at the time of the arrest?
If your blood alcohol content (BAC) level is above 0.08%, you can be charged with driving under the influence. However, your BAC level could determine the sentence you get. You might get a lower sentence if you were only slightly above the 0.08% mark compared to a driver two or three times beyond the legal threshold.
Did you cause an accident?
A drunk driver who caused an accident that resulted in death, injuries or damage to property may end up with a heavier sentence than a driver who did not get in a crash.
Did you cooperate with the police?
If you did not resist arrest and willfully submitted to field sobriety and breathalyzer tests, it is likely to help your case. Refusing to submit to a sobriety test could see you receive enhanced penalties.
Do not think you will end up with a slap on your wrist just because you have mitigating factors in your DUI case. Other considerations may weigh on your charges, however. Therefore, it is always advisable to have legal guidance.