Am I going to jail for my first DUI? 4 Answers as of April 22, 2011

I am on disability because I have crushed discs in my neck and other problems, and have been on medication for it. I hit a mailbox in Huntsville, and I passed the breath test. I was also given a drug test. Am I going to jail?

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Michael Anthony Wing, P.C.
Michael Anthony Wing, P.C. | Michael Anthony Wing
There is no mandatory jail time for a first offence. However, you need a lawyer; there is the potential for up to a one year sentence, although it is not mandatory. There are mandatory sentences for second and third offences. You may have valid defenses to your charge that could result in an acquittal or not guilty finding. Some jurisdictions still allow for a period of "good behavior" followed by dismissal as long as you comply with the requirements of what amounts to an informal probationary period. Get a lawyer. Stay well.
Answer Applies to: Alabama
Replied: 4/22/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
You could be facing up to one year and a fine of between $600 to $1,100 on a conviction of a first time DUI. However, usually, a person charged with a first offense DUI, if convicted, receives a probationary sentence (no jail time).
Answer Applies to: Alabama
Replied: 4/20/2011
Ferguson & Ferguson
Ferguson & Ferguson | Randy W. Ferguson
First offense DUI, no. You may not even be guilty. Call me before you plead to anything.
Answer Applies to: Alabama
Replied: 4/20/2011
Beard Law Group, P.C.
Beard Law Group, P.C. | Christopher Beard
You can receive a DUI without consuming an alcoholic beverage. If the probable cause existed for impairment, an arrest will be effectuated. Generally, your first DUI will not require jail time and could possibly be negotiated to Reckless driving with accompanying DUI provisions. In fact, your particular set of facts, depending on the type of medication consumed, may give way to taking your case to trial. Speak with your attorney about your options because trial can be costly.
Answer Applies to: Alabama
Replied: 4/20/2011
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