Factors That Determine Eligibility For DUI School Upon Conviction

If you are being tried for DUI (driving under the influence), the judge typically has the discretion to send you to a DUI school as a way of reducing or replacing other harsher penalties. However, a DUI school isn't for everyone; here are some of the factors that determine whether you may get a DUI school as part of your sentence:

Prior DUIs

DUI school is meant to help you see the error of your ways and help you avoid further DUI. However, most courts are of the opinion that DUI schools only help those who are not used to drinking and driving. The rationale is that those who are used to drinking and driving need a more serious deterrent to stop the habit. Therefore, the more prior DUIs you have, the more you are less likely to be sentenced to DUI school.


Your blood alcohol content (BAC) is a measure of the level of alcohol in your system and it also gives an indication of just how intoxicated you were at the time you were tested. A person whose BAC is lightly over the legal limit, which is 0.08, may be viewed as redeemable. After all, it's possible that they made a mistake and didn't even know they were intoxicated. Such a person may be sent to DUI school. However, if your BAC is way above the legal limit, you probably deserve a more serious form of rehabilitation than DUI school can offer.

Accident and Injuries

Driving under the influence is a crime whether or not it results in an accident. You can be arrested and convicted of DUI even if you don't cause an accident. However, if your DUI causes an accident that results in serious injuries, property damage or even death, then your DUI charges will also be aggravated. In such a case, most courts will not let you escape with just a DUI school sentencing.

Previous Participation

As previously mentioned, DUI school is meant to rehabilitate offenders and help them appreciate the dangers of driving while intoxicated. However, if you have participated in such classes in the past, it's clear that you need another form of motivation to stop your DUI habits. Otherwise, the previous DUI classes should have helped you. In such a case, you are not likely to be sentenced to a DUI school.

As you can see, the more serious your DUI case is, the less likely you are to get the DUI school option. Luckily, a DUI lawyer has the experience and skill to help you lessen your charges and convince the court that sending you to a DUI school is the best way to deal with your case.