Q: Is 90 days to 180 days in jail likely for me?
a
A:
It's difficult to predict with certainty what sentence the DA will seek in your case, as it depends on various factors and the specifics of your situation. However, here are a few points to consider:
1. Prior DUI: Having a previous DUI conviction can lead to harsher penalties for subsequent offenses, even if the current case does not involve an accident or injuries.
2. Aggravating factors: Your recent job termination due to drinking during work hours may be seen as an aggravating factor, suggesting a pattern of alcohol misuse. This could potentially influence the DA's decision.
3. AOWP eligibility: As you mentioned, Alternative Work Programs (AOWP) often have a maximum sentence limit of 90 days. If the DA seeks a sentence longer than that, you may not be eligible for AOWP.
4. Plea bargaining: Your attorney can negotiate with the DA during the plea bargaining process to try to secure a more favorable outcome, such as a shorter sentence or the opportunity to serve time in AOWP instead of jail.
5. Judicial discretion: Ultimately, the judge has the final say in sentencing, taking into account the arguments presented by both the prosecution and the defense.
It's essential to consult with an experienced DUI attorney who can assess your case's specific details, advise you on potential outcomes, and help you navigate the legal process. They can also work to negotiate the best possible plea deal on your behalf.
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