Sentencing in DUI Cases

If you’ve read this blog, I have, on numerous occasions, referred to sentencing guidelines when discussing multiple violations of Ohio’s DUI law. To reiterate, DUI sentences are enhanced if found guilty of additional DUI offenses within a 6 year period (See Judge Jennifer Weiler's DUI Guideline Charts). I’ve also discussed the right of a judge to sentence a defendant to more than the minimum for various reasons (see my blog regarding a defendant’s refusal to submit to a test). Recently, the Mahoning County Court of Appeals sustained a lower court’s decision to sentence a defendant to a maximum 5 years in prison for his second felony DUI

Unfortunately, many, including attorneys, habitually think of DUI sentences in terms of the minimum, i.e., first offense 3 days, second offense 10 days, etc. When preparing for sentencing, most contemplate the minimum sentence without taking into effect the range of sentencing the court is permitted to use. If we look at Judge Weiler's charts, under the column labeled "incarceration," the court can sentence an offender 3 days to 6 months for a first offense, 10 days to 6 months on the second, 30 days to 1 year on the third, and so on. Note further, the chart shows a doubling of these sentences if other factors are present such as a breathalyzer reading of .17 or more or a refusal to take a test.

But, in preparing for sentencing, one should always be cognizant that any judge could sentence a defendant to a greater sentence than the minimum. Ohio’s sentencing laws do give judges some guidelines to use in sentencing and, in fact, does recommend the minimum sentence for a first offender if no other recidivism factors (factors that would tend to point to repeat offenses) are present. But, these guidelines, according to statute, apply to felony sentencing only. Therefore, these guidelines are not applicable until the offender has reached their 4th offense within 6 years.

As a result, in misdemeanor violations such as lower tier DUI’s (3 or less offenses in 6 years), it is in the discretion of the court to determine length of sentence. In my experience, judges will take the following factors into consideration during sentencing:

1. Prior DUI convictions outside the 6 year period.

2. Traffic and criminal record.

3. Refusal to take the test.

4. Lack of cooperation with the police.

5. History of alcohol or drug abuse.

Therefore, it is vitally important that you be aware that a court, in its discretion, can sentence a defendant to more than the minimum and be prepared to address this issue at the time of sentencing.