Author Box
Articles Categories
All Categories
Articles Resources

The Difference Between a Deferred Sentence and a Suspended Sentence on a DUI Charge

February 21, 2012 | Comments: 0 | Views: 269

Often times I meet with people and they ask me what the difference is between a deferred sentence and a suspended sentence on a DUI charge. Now I'm not sure if other states have this option, so this is applicable to Washington State DUI charges.

When a person is charged with a DUI here in Washington State they face a mandatory amount of jail, fines, license suspension, ignition interlock requirements, and probation. Typically they also have to stay out of trouble for 5 years. So let's take a first offense DUI charge for example. Assume the defendant decides to plead guilty or they are found guilty at trial. A first offense DUI with a blood alcohol level under a .15 will carry the following sentence: 1 day in jail, $866 fine, 90 day license suspension, 1 year of ignition interlock requirement, alcohol and drug assessment, any treatment recommended, and 5 years of staying out of trouble. Now the maximum penalty is 364 days in jail. So when the Judge imposes the 1 day in jail, they will suspend the rest of the jail (i.e., 363 days) and will hold that over the defendants head for the 5 years. This is what's called a suspended sentence. So if the defendant doesn't follow any of the conditions of the sentence imposed. Then the Judge has the remaining 363 days in jail to impose as a sanction. A suspended sentence will also stay in the defendants criminal history.

A deferred sentence on the other hand is quite better. Sometimes a deferred sentence will accompany a reduction in charges. So lets say that someone gets charged with a DUI and their DUI Attorney does a good job and the charge gets reduced to a Negligent Driving 1. With a Negligent Driving 1 charge typically there is no jail, very little fine, no license suspension, no ignition interlock requirement, and only 2 years of staying out of trouble. If the defendant is lucky and the Judge grants a deferred sentence, then instead of sentencing the defendant right then and there like the suspended sentence the Judge will defer sentencing for a period of time. In other words the defendant will still plead guilty, but no sentence will be imposed. Then at the end of that time frame, whether it's 1 year or 2 years, the defendant will come back in front of the Judge and will take their guilty plea back, and the Judge will dismiss the charge. Obviously this is a great option, however it's pretty rare to obtain such a plea deal, but sometimes it is possible with the right case.

Matthew Leyba is a DUI Attorney in Seattle, WA. His practice focuses exclusively on DUI defense and other serious traffic offenses. He also maintains a Seattle DUI Defense blog where he discusses everything DUI related, including news, information, and cases.

Source: EzineArticles
Was this Helpful ?

 
0
 
0
 
Rate this Article
 vote(s)
Feedback
Print
Re-Publish

Article Tags:

Deferred Sentence

,

Suspended Sentence

,

Dui Charge

,

Du Attorney

,

Washington State

Thus, you can apply for the negligence compensation under such circumstances in order to recover your loss, Negligence Claims, Negligence compensation Involvedness of Negligence Claims. The court

By: Simon Liva l Legal > Personal Injury l December 13, 2012 lViews: 291

If a lawyer is not able to devote enough time to your case then your defense is likely to suffer. Moreover specialization in one stream or other of defense is important so that the attorney can

By: Simon Liva l Legal > Criminal Law l December 12, 2012 lViews: 428

Filing a business bankruptcy can be a complex and critical task, but you have several options. You can consult your bankruptcy attorney to know which among those options is right for you.This is a

By: Harvard McIntosh l Legal > Corporations LLC l December 11, 2012 lViews: 234

You can always check for the treatments that are covered. This is because there are some policies which do not give you claims if you meet any kind of head injury.You can always check for the

By: Simon Liva l Legal > Personal Injury l November 05, 2012 lViews: 240

In Colorado, you have many Personal Injury Lawyers to choose from. When you choose the Law Offices of Andrew C. Bubb you instantly put years of experience and legal know how in your corner. Attorney

By: Dilshad l Legal > Personal Injury l October 25, 2012 lViews: 388

If you have been charged with a crime, speak with Boulder criminal defense attorney Steven Louth immediately to protect your rights. Steven Louth is a criminal defense attorney and criminal trial

By: Dilshad l Legal > Personal Injury l October 18, 2012 lViews: 243

If a lawyer is not able to devote enough time to your case then your defense is likely to suffer. Moreover specialization in one stream or other of defense is important so that the attorney can

By: Simon Lival Legal > Criminal Lawl December 12, 2012 lViews: 428

If you have criminal charges levied against you, it can seem as though the situation is bleak. Going it alone without a criminal lawyer in this situation is a mistake.

By: Anna Woodwardl Legal > Criminal Lawl April 25, 2012 lViews: 245

If you or someone you know is facing any kind of drug related charges, contact a drug crime lawyer right away. The sooner you hire one, the better the outcome will be for the case.

By: Abraham Avotinal Legal > Criminal Lawl April 25, 2012 lViews: 233

When you need a criminal lawyer, it is important to choose the best one in the area. The best one will offer great results for all types of court cases.

By: Anna Woodwardl Legal > Criminal Lawl April 25, 2012 lViews: 235

An experienced criminal attorney will have the background and knowledge necessary for properly defending a wide range of crimes. These crimes can include drug crimes, violent offenses, DWIs or DUIs,

By: Antoinette Ayanal Legal > Criminal Lawl April 24, 2012 lViews: 332

A criminal attorney works in the legal field of criminal law, which governs a person's relationship to the state. This field of law encompasses the criminal process and the rights of an accused

By: Antoinette Ayanal Legal > Criminal Lawl April 24, 2012 lViews: 206

The DOL hearing is the civil hearing that often accompanies a DUI charge to determine whether a license suspension should occur. Although the DOL hearing and the DUI criminal offense are two separate

By: Matthew A Leybal Legal > Criminal Lawl April 19, 2012 lViews: 192

A DUI probation hearing will typically occur after a defendant has been sentenced. This is a mandatory hearing set by the Judge at the request of the probation department. To learn what occurs at

By: Matthew A Leybal Legal > Criminal Lawl April 19, 2012 lViews: 202

Often times a DUI Attorney will get phone calls in the middle of the night from individuals who have been arrested for DUI and they request an Attorney. In order to conduct a quality interview when

By: Matthew A Leybal Legal > Criminal Lawl April 18, 2012 lViews: 213

Having a client get an alcohol and drug assessment earlier rather than later is very important to obtaining a favorable resolution in a DUI case. To learn more continue reading.

By: Matthew A Leybal Legal > Criminal Lawl April 16, 2012 lViews: 177

The ability to keep organized is an important quality all DUI Attorneys should have. When it comes to the client legal folder this is no different. To learn how to properly divide the folder into

By: Matthew A Leybal Legal > Criminal Lawl April 13, 2012 lViews: 189

A motion hearing in a DUI case can range from a motion to dismiss for lack of probable cause to a motion to suppress the breath test results. The proper preparation in advance of the hearing date

By: Matthew A Leybal Legal > Criminal Lawl April 12, 2012 lViews: 226