There are times when settlement of case is in our client’s benefit. Under the new DUI sentencing laws of 2014, treatment programs play a major part in how a client’s sentence can be served. Many times the difference between serving 45 days (day for day in jail) and 25 days (with the balance in outpatient treatment) can mean everything to our clients. The difference can manifest itself in a career or job being saved. Many of our clients work in automobile manufacturing where plants shut down for a period of time and, coupled with vacation days, a sentence of 25 days saves their job. By saving the job, we possibly save their home from foreclosure, their kids stay in college, and the family’s health coverage remains in place.
We work closely with qualified substance abuse specialists who can develop programs specifically designed for our clients that not only meet their treatment needs but also serve to earn them the sentence reduction credits that save the job, home and lifestyle of their family. Real life and the effects of criminal prosecutions are a major concern for our clients and addressing and minimizing these concerns is what our job is really about. While many cases result in trials to prove guilt or innocence, we also fight to preserve our client’s home, job, and family.
Helping people in bad situations is what we do and that includes knowing every method of defending DUI cases from sentencing credits to when sentences are served to the ultimate acquittal of our clients. Every tool available must be used. Prior law allowed sentencing credits for substance abuse treatment for up to 28 days of a sentence for those convicted of a DUI 2nd Offense, but only permitted sentence credits for inpatient treatment programs. The changes to the statute in 2014 only allow sentence credits after a mandatory minimum service of 25 days. DUI 3rd Offense may receive in-patient treatment credits after serving 65 days of the mandatory minimum of 120 days. While a defendant may receive this credit whether treatment is received prior to or after the conviction, prior to the participation in a treatment program, the defendant must have a clinical substance abuse assessment conducted by a qualified and licensed alcohol and drug abuse treatment professional. An individual must fully complete the program recommended to receive the sentence reduction credits.
Major strides were made toward financially responsible methods of fully treating addiction by allowing sentencing credits for inpatient treatment if deemed appropriate by certified substance abuse treatment counselors. While the standards are strict, many offenders who can’t complete inpatient treatment due to employment and financial obligations or simply need longer term outpatient programs to fully treat their issues, will be permitted one (1) day credit for every nine (9) hours of successfully completed intensive outpatient treatment.
While the above statutes are applicable to offenses occurring after July 1, 2014, those whose court date occurs after July 1, 2014, but who were charged with the offense prior to July 1, 2014, may request that the judge sentence them under this new provision of the law.
If you need help with any criminal charge, including DUI Offenses, give us a call and allow us to review your case and offer solutions tailored to fit your particular legal problem.
In Defense of the Citizen Accused,