Will I Get Probation for a Brandenburg DUI?

If you were recently arrested for driving under the influence, or DUI, in Brandenburg it was likely not a pleasant experience. You are probably concerned about the outcome of the charges pending against you. Specifically, you may want to know if you will get sentenced to probation for the DUI should you ultimately be convicted. Because every DUI case is unique there is no way to know with any degree of certainty what your sentence will include should you be convicted of a Brandenburg DUI. There are, however, a number of factors that typically go into determining your sentence. Only an in-depth consultation with an experienced Brandenburg DUI attorney will help you understand how each of these factors is likely to impact your DUI sentence; however, knowing what those factors are is a good place to start.

• History of DUI arrests/convictions – If you have a previous conviction within the last five years the potential punishment for a DUI conviction increases. For example, the minimum length of incarceration without any additional aggravating circumstances is seven days with one previous DUI conviction. The penalties increase with each subsequent DUI conviction. For a fourth DUI within five years you face a minimum of 120 days in jail with no probation allowed.
• Criminal history in general – The law does not require you to serve a term of incarceration just because you have a criminal history for something other than DUI; however, the prosecutor will likely take your criminal history (or lack thereof) into account when offering a plea agreement. The judge will likely do the same if you are sentenced by a judge.
• BAC level – The legal limit is 0.08 in Kentucky; however, the higher your blood alcohol content, or BAC, the more serious the offense is to a prosecutor or judge. Therefore, you may have a better chance at getting probation with a lower BAC level.
• Aggravating circumstances – A prosecutor or judge is going to be less inclined to offer or order probation if aggravating circumstances were present. If an accident was involved, or you had a minor child in the car, for example, you will likely stand less of a chance of getting probation only.
• Strength of the prosecutor’s case – If the case against you is weak it gives your attorney bargaining power if you are considering a plea agreement. The weaker the case, the better your odds of getting probation.

The only way to know what your sentence is likely to be should you be convicted is to consult with an experienced Brandenburg DUI attorney who can evaluate the specific facts and circumstances of your DUI case.