DUI punishment has become harsher over the past decade, and promises only to become more severe. Intimate familiarity with the penalties authorized or mandated by statute as well as the purposes of various sanctions is absolutely necessary for effective representation at sentencing. At the sentencing stage, the defendant's guilt will have been determined or admitted. This is, surprisingly, a prime opportunity for the DUI lawyer to prepare the court regarding the requirement of justice. Ultimately, the purpose of DUI statutes is to reduce the number of DUI offenses. Sanctions against convicted DUI drivers attempt to promote this through specific and general deterrence, as well as rehabilitation. Sentences may include incarceration and/or fines, community service, restitution, suspension or revocation of the driver's license, and rehabilitation programs.

A defendant can expect to pay a fine anywhere from a few hundred dollars up to several thousand dollars. The financial impact of a DUI conviction eventually extends beyond the courtroom. The real financial burden may include higher insurance premiums, loss of employment and even loss of family or child custody. The real financial cost thus cannot be easily calculated.

However, a further consideration in this context is the comparison between the amount of the fine and the financial resources of the defendant. Courts have ruled that since the defendant did not have the resources (or a reasonably near expectancy of them) to pay a $350 fine, that the fine was excessive and therefore, constitutionally prohibited.

Furthermore, the Supreme Court has ruled that the jailing of an indigent defendant solely because he or she is too poor to pay a fine violates equal protection where the offense would otherwise not be punishable by incarceration. Sentences of fine or imprisonment are thus not only challengeable on the grounds of abuse of discretion, but are subject to constitutional limitations as well.