The Role of Mitigation in Sentencing

When preparing for a DWI/DUI sentencing, it is important to understand what mitigation is, and how it may guide your sentencing outcome.

Mitigating evidence is information about a defendant or the circumstances of a crime that would tend to lessen the sentence or the crime with which the person is charged.

Mitigating factors do not require proof beyond a reasonable doubt. In the case of a DWI/DUI, a clean driving record, enrollment in a treatment program and other factors that reflect positively on the defendant’s character tend to support the imposition of a lesser sentence. For more examples of mitigating factors, click here.

What to Expect During Sentencing

While specific sentencing procedures differ by state, there are general guidelines you can expect during sentencing.

In order to determine the appropriate sentencing for a defendant, the court considers a number of factors:

1. The severity of the crime
2. Defendant’s criminal history
3. Defendant’s personal circumstances
4. Degree of remorse felt by the defendant
5. Seriousness of the aggravating factors
6. Mitigating factors

Once all factors have been reviewed, the court reaches a sentence and the judge determines the punishment.

DWI/DUI sentencing laws and judgments are guided by societal needs for:

1. rehabilitation (correction)
2. retribution (punishment)
3. protection of society
4. preservation of good order and discipline
5. general and specific deterrence (prevention)

Traditional DWI/DUI sentencing orders can include incarceration in a prison or jail, probation, and punitive fines; alternative methods include substance treatment and education programs, community service, electronic monitoring, impoundment or forfeiture of vehicles, interlock devices, victim impact panels, and a number of other sanctions. A common DWI/DUI sentence may include a combination of any of these outcomes. For more examples of costs and punishments for a DWI/DUI conviction, click here.