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Sentencing in DUI manslaughter cases depends on several factors, including the defendant’s criminal history:

Aggravating Factors

• Repeat Offender Status: When a defendant has a history of DUI convictions, it will undoubtedly be viewed as a pattern of reckless behavior. Prosecutors may use this to argue for harsher penalties.
• Elevated Breath or Blood Alcohol Level: In cases where the breath or blood alcohol level exceeds .150 grams of alcohol per 210 liters of breath, the Court views such cases as aggravated.
• Presence of Minors in Vehicle: In cases where there are minors present in the vehicle, the Court views such cases as aggravated.

Mitigating Factors

While prior DUI convictions can work against a defendant, there are also mitigating factors that can be considered to potentially reduce the severity of sentencing.

• Rehabilitation Efforts: Demonstrating genuine efforts at rehabilitation, such as completing alcohol education programs or attending support groups, can show the court that the defendant is taking steps to address their issues.
• Lack of Recent Offenses: If prior DUI convictions occurred in the past and the defendant has since maintained a clean record, this may be taken into account as a sign of rehabilitation.
• Cooperation and Remorse: Expressing genuine remorse and cooperating with authorities throughout the legal process can mitigate the impact of prior convictions.