Am I definitely looking at jail time for my first DUI? 15 Answers as of March 27, 2014

I was arrested and blew .15%. There's no excusing what I've done. I sincerely regret it. It's caused a relapse with my eating disorder. I've lost 15 pounds and I can hardly sleep. I don't know what to do.

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Connell-Savela | Jason Savela
No - but you will have DL consequences.
Answer Applies to: Colorado
Replied: 3/27/2014
Law Office of Robert E McCall | Robert McCall
Decision is up to the Judge.
Answer Applies to: Florida
Replied: 3/26/2014
Hudson Bair | Hudson Bair
You need to speak to a DUI defense attorney in your area, there are many different applications of the statute and not every county reads the statute the same way, some counties require no jail, some allow weekend work/community service, some require actual jail. A local DUI defense lawyer will know the answer to your question.
Answer Applies to: California
Replied: 3/25/2014
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
If this is your 1st DUI and the 15% BAC you blew is below the state's level for a diversion program.
Answer Applies to: District of Columbia
Replied: 3/25/2014
The Law Offices of Colavecchio & Colavecchio, PLLC | Michael Colavecchio
The minimum punishment for a 1st offense DUI conviction is 48 hours in jail, a $ 350 fine, loss of license for 1 year (with a possible restricted license during that year), 11 months and 29 days of probation, and a DUI school. However, an attorney might be able to find weaknesses in your case and get something less, like Reckless Driving, for you, which carries less punishment.
Answer Applies to: Tennessee
Replied: 3/25/2014
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Instead of worrying about the jail time, you need to focus your attention on how you can avoid being convicted. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
    Answer Applies to: California
    Replied: 3/25/2014
    Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
    You need to consider hiring an attorney. For one, an attorney will be able to help you move through the court system effectively and ensure that you understand all of the court procedures, your rights, and any possible defenses. this will eliminate some of the unknowns in your case and reduce your anxiety. On a first offense DUI in Colorado- you may be eligible for a reduction to a DWAI, but even without a reduction you would most likely be able to avoid any jail time.
    Answer Applies to: Colorado
    Replied: 3/25/2014
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Each jurisdiction will differ to some degree. In the geographical areas in which I practice it is uncommon to receive an executed jail sentence for a first DUI offense. There would, however, likely be a suspended jail sentence and probation.
    Answer Applies to: Minnesota
    Replied: 3/25/2014
    Law Offices of Nicholas M. Loncar
    Law Offices of Nicholas M. Loncar | Nicholas M. Loncar
    It's common in California to avoid actual jail time with a first DUI. I would recommend consulting with some local attorneys and discussing your case with them. There is an enhancement for .15 or higher, that will make some prosecutors seek a little bit of jail time (10 days or so). But you should be eligible for some type of community service/community labor/work release instead of serving any time in jail. I understand your anxiety and embarrassment about this situation, but all that you can really do is make sure it never happens again. Second DUIs are much more serious and if you were to kill someone, it can be charged as murder). Hire an attorney to take care of this case and focus on making the changes in your life that you need to make. It will also be much less stressful as you won't have to actually go to court.
    Answer Applies to: California
    Replied: 3/25/2014
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Get a lawyer. Get a substance abuse evaluation. Get into whatever treatment that the evaluation recommends. if you are doing this before the judge orders it then you will minimize your chances of going to jail.
    Answer Applies to: Michigan
    Replied: 3/25/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It is certainly possible in the theoretical sense. However, it is not very likely. Probation is the usual sentence from the vast majority of judges for first offense DUI. However, do not plead guilty to anything without first consulting with an experience DUI attorney in your area. There may be deficiencies or defenses that can be used to get the charges reduced or dismissed.
    Answer Applies to: Michigan
    Replied: 3/25/2014
    The Rogers Law Firm
    The Rogers Law Firm | Andrea Storey Rogers
    Hire an experienced DUI lawyer to represent you. That's your best option if you want to avoid jail time and keep this off your permanent criminal record and driving record.
    Answer Applies to: Missouri
    Replied: 3/25/2014
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    You should contact an attorney in your area asap. A good attorney should be able to alleviate a lot of your concerns.
    Answer Applies to: Minnesota
    Replied: 3/25/2014
    TAMBASCO & ASSOCIATES, P.C. Attorneys at Law | R. Tambasco
    Unless there are some additional facts that you have not revealed, you most likely will not. The time you had spent in custody after the arrest should suffice along with any other time suspended, probation, alcohol evaluation/treatment court costs and fines.
    Answer Applies to: Indiana
    Replied: 3/25/2014
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Get an attorney and minimize the damages. I cannot give an opinion without additional facts.
    Answer Applies to: Michigan
    Replied: 3/25/2014
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