What are the sentencing guidelines, and do they apply in my case?
A. The sentencing guidelines are just that, guidelines that the judge must follow in determining the appropriate sentence. The goal of the guidelines is to produce relatively consistent sentences for all offenders based on his/her prior record and the specific facts of his/her offense. If you are charged with one of the drunk driving felony offenses, such as OUIL 3rd, Driving while License Suspended Causing Death, a 15 year felony, etc., then the guidelines will apply in your case. Ask your attorney about this when you first meet with him/her. Q. My ticket says I’m charged with a first offense but I have another drunk driving conviction less than 7 years ago. I haven’t gone to Court yet. How can I tell if I’m going to be charged as a second offender, and under these circumstances, will I be able to keep my license? Will I be going to jail? A. The way the law works now (since 10/99) is that the prosecutor will simply count prior alcohol related convictions, so keep in mind that doesn’t
