All About the Mitigation Letter for DUI
Discover the power of a well-crafted mitigation letter for DUI to potentially reduce the penalties. Trust Scrofano Law PC for legal help. Call now!
What Is a DUI Mitigation Letter?
It’s your first time drinking at a friend’s party. On your way home, you are pulled over by police officers who suspect you of driving under the influence (DUI). You fail the field sobriety test administered by the officer and are arrested. This is a common scenario that happens with many DC residents.
In Washington, DC, DUI is a serious offense. A conviction can result in serious repercussions, including criminal penalties and a license suspension. You may be worried about how a DUI will affect your clean record. You may also be looking to show the court that you are remorseful about your actions and deserve a second chance. This is where a mitigation letter comes in handy.
DUI mitigation letters, also referred to as apology letters, are written to the judge or prosecutor to ask for a lighter sentence or a dismissal of your DUI charges. It paints a picture in the judge’s or prosecution’s mind of you as a decent person who made a mistake.
If you are facing DUI charges, it is essential to have an experienced DUI lawyer. They can help you draft the mitigation letter and identify the relevant information to be included in the letter.
When Should You Present a Mitigation Letter?
Mitigation letters are usually presented early in the process. They can be sent to the prosecution during plea negotiations or to the judge. The purpose of your letter is to express your genuine remorse and urge the court to impose a lenient sentence in light of the circumstances.
These letters are often accompanied by character witness letters from family and friends.
Examples of Mitigating Factors You Can Include in Your DUI Mitigation Letter
There are several mitigating factors you may include in your letter. The list is non-exhaustive, and you should only include those that apply to your case. Some common mitigating factors you can include in your DUI apology letter are discussed below.
Psychiatric Condition
Courts may consider whether a mental illness contributed to the commission of the DUI violation. To use this factor, you must provide medical documentation that proves your condition.
Clean Criminal Record
Having a clean record is a good mitigating factor that can be included in your mitigation letter. If you are a first-time offender, courts may consider other alternatives to a conviction, including a DUI diversion program.
Pleading Guilty
Pleading guilty early in the process and showing sincere remorse about committing the offense may benefit you. If you cooperated with the arresting officer, you can also use that to demonstrate your remorse and willingness to take full responsibility for your actions.
The Circumstances Surrounding the Violation
Courts may consider your role or involvement in committing the offense. For instance:
-
You were involuntarily intoxicated by another party.
-
You were drunk driving out of necessity, e.g., to save the life of a family member or prevent the commission of a more serious crime.
-
You were driving under duress for fear of imminent death or injury.
Future Plans for Rehabilitation
Courts may consider your plans for rehabilitation, whether you have started attending alcohol education classes or treatment programs. Rehabilitation shows your commitment to avoid committing the same offense in the future.
How to Write a DUI Mitigation Letter
Writing a mitigation letter for DUI can be challenging when you have no idea of what should be included. If you are considering writing one, the following tips can help you:
Understand Your Charge
This is a golden rule when it comes to writing mitigation letters. You should know what you are pleading guilty to. For instance, since it is a DUI charge, you should know your BAC level at the time of the arrest and the probable cause for which you were arrested.
Read the Sentencing Guidelines
It is important to know the possible alternatives to a criminal conviction or the lowest possible sentence for your charge. This way, you can understand what you are trying to achieve and your chances of achieving it.
Decide What You Want To Achieve
Once you have understood your case and the charges against you, you should have a good idea of the action you want the court to take. Generally, you may want the court to do one of the following:
-
Impose an alternative or lesser sentence, e.g., community service.
-
Reduce the amount of money to be paid as fines.
-
Reduce the length of jail sentence for your criminal conviction.
This section must be carefully worded. You don’t want to tell the judge how to do their job and risk receiving the opposite of what you hoped for.
List the Mitigating Factors in Your DUI Case
You should list all the mitigating factors that apply in your case. In addition to these factors, you may include the effect of the DUI penalty on your personal life, career, or family. For instance, you could explain how a conviction can cause you to lose your job or time with sick family members.
Format It Right
Mitigation letters should be at most one page long. You should ensure that your letter is clear, precise, and easy for the judge to follow.
Common Mistakes to Avoid in a DUI Mitigation Letter
There are several mistakes to avoid if you want your letter to have a positive impact on your DUI case. Some of these include:
-
Long Letters: Judges handle several cases daily. If the letter is too long, you may lose their attention.
-
Specificity: The mitigation letter is not an opportunity to tell your life’s story. Avoid lengthy descriptions of the events on the day of your arrest.
-
What you say matters: Avoid saying things that can jeopardize your chances. You should also avoid complaining or shifting blame to others.
-
Avoid contradictions: Making contradictory statements is a bad idea. For example, after pleading guilty to driving intoxicated, you state in your letter that you were never intoxicated.
Need Help Writing a Mitigation Letter? Contact Our Lawyers Today
Facing a DUI charge can be scary. By handling your charges alone, you risk facing severe and long-term repercussions. You need the help of someone with the knowledge and experience in dealing with DUI cases.
At Scrofano Law, PC, our team can fight to help you get the best possible results for your DUI charges. We can evaluate your case and prepare a robust defense. We can also help you draft your mitigation letter and highlight the main factors that show you deserve a lesser sentence.
Contact us today to schedule a free consultation.
NEED AN ATTORNEY?
We Fight For Your Rights