When a person is arrested and convicted of driving under the influence (DUI), there is often a lot of variability in the potential sentences they can face. It all depends on the jurisdiction and their criminal history, but judges usually have a sentencing range they use for DUI offenses – for example, 90 days to 2 years in jail.
One of the most important aspects of the sentencing hearing is presenting mitigating factors and evidence to give you the best chance at receiving the most lenient sentence possible.
These will often include character reference letters and documentation of sobriety letters, which are essential in these cases.
Download the free DUI documentation of sobriety letter templates
DUI Character Reference & Sobriety Letter Templates
Why you should use these templates
- This free resource includes attorney-crafted templates for 3 different letters that can be submitted to support your case: one for your counselor, one for your friends or family members, and one for the defendant (you) to submit to the court.
- You can use these templates as a jumping-off point for conversations with a criminal defense attorney, who can help you refine and edit the letters for your specific case.
- Included with these templates is a list of types of evidence you can attach to your letter. Treat this list as a checklist, or incorporate the accompanying sentences into your letter.
The purpose of a sobriety/character reference letter
The purpose of a sobriety letter is to show the court that you are taking your charges and conviction seriously. It shows accountability and provides concrete evidence that you are working on bettering yourself to make sure this offense never happens again.
This letter should be written by someone close to you – usually by a professional who is overseeing either your probation or your treatment. For example, if you’re attending an alcohol and drug rehabilitation program, your counselor could write you a sobriety letter.
Essential elements to include in a sobriety letter
When preparing a sobriety letter for the court, it’s important to know what to include and the best way to get important information across.
This is typically done with the help of your criminal defense lawyer, but having this knowledge yourself allows you to take proactive steps to get the documentation and treatment you need.
There are 6 key elements that should be included in a sobriety or character reference letter:
- Introduction of the writer
- The defendant’s positive attributes
- Specific examples of actions the defendant has taken since the arrest and conviction
- Evidence of sobriety
- Brief letter from the defendant themselves (attached)
- Closing statement
1. Introduction of the writer
The letter should start by introducing the person who is writing it. They should explain how they know you and include details about the relationship and how long they have known you for. If the person writing the letter for you is a counselor or probation officer, this should be clearly stated right away, as this lends a lot of credibility to the letter.
2. Defendant’s positive attributes
It’s helpful for the letter to include positive attributes about you as a person. You want the judge to see you as a human being who makes mistakes but is overall a good person – not just a case number. The writer should provide specific examples when possible.
Example:
John has been taking this situation very seriously. He is always on time for meetings with me and his probation officer. He has never missed a session and takes treatment very seriously. Additionally, he helps take care of his aging parents, while holding down steady employment. John made a mistake, but displays a lot of positive attributes that should be considered.
3. Specific examples of actions the defendant has taken since the arrest and conviction
The writer should provide concrete instances that demonstrate your efforts to overcome your challenges. This can include:
- attendance at AA meetings (or other support groups)
- community service you’ve completed
- whether you’re in therapy
- information on any treatment programs you’ve participated in
Evidence of these actions should be included.
Example:
John has attended weekly AA meetings for the past six months and has taken on a leadership role, organizing meetings and supporting new members. He has also completed 50 hours of community service at the local food bank. In addition to attending sessions at X treatment center, he is consistently seeing a therapist to work on his alcohol issues one-on-one. Attached, you will find documentation regarding his AA attendance and community service hours. His therapist and I have both provided proof of treatment, which is attached as well.
4. Evidence of sobriety
Anyone can go to AA meetings and get a paper signed. Which is great, as it shows you are taking proactive steps to take your sobriety seriously.
However, it’s essential to provide concrete proof of your sobriety in this letter. Make sure the letter includes tangible evidence that supports your claims of sobriety.
To do this, you can attach results from recent drug and alcohol tests, as well as results and readings from alcohol monitoring devices like BACtrack View. BACtrack View users can actually download PDF reports of their test results, ensuring transparency and authenticity, and provide them to the judge.
5. Include a brief letter from the defendant
You should additionally write a brief letter to the court as well, and attach it to the sobriety letter written by someone close to you,
In this note, it’s important to take accountability and acknowledge the seriousness of the offense. Briefly explain the steps you’ve taken to stay sober and the steps you will take in the future to maintain your sobriety and stay out of trouble. The most important thing about this letter is to be honest and genuine.
Example:
Dear Judge X,
I understand how serious it is to be convicted of driving under the influence. I wish I had never done it, and I am taking the steps to learn from my mistake and move forward and be a more productive member of society. I have been attending AA meetings 3x per week, seeing a therapist once per week, and also enrolled in an intensive outpatient program to get treatment for drug and alcohol abuse. Additionally, I am working 20 hours per week and plan to work 40 hours per week once I complete my treatment.
I will make better choices in the future to ensure that this behavior never happens again. I respect whatever sentence the court hands down for my wrongdoings.
6. Closing statement
The letter should include a closing statement from the person writing it, expressing trust that you will remain sober and stay out of legal trouble. It should offer a final endorsement of your character and potential for rehabilitation.
DUI Character Reference & Sobriety Letter Templates
To conclude: A well-crafted sobriety letter can be a powerful tool in demonstrating accountability and commitment to positive change after a DUI conviction.
By including key elements such as character references, documented actions toward sobriety, and concrete evidence, you can present a compelling case for leniency. And working closely with a legal professional ensures that your letter effectively supports your request for the most favorable outcome.
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