Drunk Driving Specialist Attorney | Drunk Driving Specialist Attorney Secures Suspended Sentence for Client Facing Imprisonment for Drunk Driving

The client attended a high school reunion and had drinks with friends.

The client had hardly consumed alcohol after undergoing major surgery a few years earlier, but, excited by the long-awaited gathering with friends, ended up drinking too much.

The drinking gathering continued until late, and the client parted from the friends in the late early-morning hours.

The client tried to call a designated driver service, but, because it was quite late, a dispatch was not easy to arrange.

As a result, with judgment clouded by excessive drinking, the client took the wheel under the complacent thought that it would be fine because no one was around at that time.

While driving home in that manner, the client was subjected to a police drunk driving check and was caught with a blood alcohol concentration of 0.2%.

Facing the risk of imprisonment for drunk driving due to the high blood alcohol concentration reading, the client requested assistance from the drunk driving specialist attorney.

1) The client admits the offense and is remorseful

The drunk driving specialist attorney emphasized that the client acknowledged the offense, deeply repented, and resolved to faithfully undergo treatment going forward.

On this basis, citing the fact that the client submitted a letter of apology and a certificate of completion of recidivism-prevention education for drunk driving, as well as the fact that the client writes one reflection essay per week after completing the education, the attorney conveyed the client's intention to show remorse.

2) The client's livelihood and the submission of the family's petition

The drunk driving specialist attorney submitted the client's pay statements and the medical treatment records of the client's elderly mother, and appealed for lenient treatment on the grounds that the client is the head of a household responsible for the family's livelihood and is also caring for an elderly mother over the age of 80.

In addition, the attorney submitted the family's petition pledging to thoroughly supervise the client so that such an incident would never happen again, and appealed for this to be reflected in sentencing.

3) The record of calling a designated driver service and the absence of personal or property damage

By submitting the record of the client calling a designated driver service, the attorney argued that the client tried to call a designated driver but found it difficult because of the late hour, and that the client, having drunk excessively, committed the offense due to a momentary lapse in judgment, emphasizing that this was a temporary error in judgment.

In addition, citing the fact that no personal or property damage occurred, the attorney actively argued for mitigation by having this reflected in the sentencing guidelines.

The court comprehensively recognized that the client admitted all of the offense and was deeply remorseful, that the client was continuing to complete education and make sincere efforts at remorse to prevent recidivism, and that no personal or property damage had occurred.

The court also determined that the circumstances in which the client is responsible for the family's livelihood and must support an elderly mother were circumstances worthy of consideration in sentencing.

As a result, a suspended sentence was imposed, and the client was able to avoid an actual custodial sentence and return to society.

▶When drunk driving occurs once within 10 years

If a person is caught for drunk driving two or more times within 10 years, aggravated punishment may be imposed.

In order to avoid imprisonment for drunk driving, it is important to understand the sentencing standards.

The main factors that determine sentencing are as follows.

1) Establishing a strategy that takes sentencing factors into account from the early stage of the case

The drunk driving specialist attorney comprehensively reviews matters such as the circumstances of the check, the blood alcohol concentration, and any prior record in order to assess the likelihood of an actual custodial sentence.

On this basis, the attorney establishes a strategy from the initial stage regarding what materials should be prepared and in what direction remorse and recidivism-prevention efforts should be demonstrated.

2) Systematic organization of evidence of remorse and grounds for mitigating circumstances

The drunk driving specialist attorney organizes materials such as a letter of apology, records of education completion, and petitions to suit the client's circumstances.

By structuring these logically so that the court can accept them, the attorney submits them and emphasizes that the actual likelihood of recidivism is low.

3) Conducting a persuasive defense to avoid an actual custodial sentence

The drunk driving specialist attorney specifically argues points such as the absence of personal or property damage, the circumstances of livelihood and family support, and the one-time nature of the incident, serving to raise the likelihood of lenient treatment as much as possible.

If you are facing the risk of imprisonment for drunk driving, a consultation with a drunk driving specialist attorney who can present a strategy suited to the matter is necessary.

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