Can I avoid jail time if I got a DWI? 55 Answers as of February 27, 2012

First, if you are at or close to the legal limit an attorney (court appointed or private) can help negotiate a reduced charge to wet reckless which doesn't mandate any jail time. Otherwise a first DUI requires a minimum of 4 days in the county jail, which can usually be served through alternative sentencing (community service, etc.)

Just because you were arrested does not necessarily mean you will be charged. The officer forwards his report with a recommendation and then an attorney at the DA's office decides whether it is a case worth prosecuting. So you may still dodge the bullet if the case is weak for some reason. However, if you are charged (you will not know until the first court appearance unless an attorney checks for you), you must simply fight the case and you may prevail. Feel free to contact my office if you would like an attorney to follow up on the charge for you.

Just because you were cited does not necessarily mean you are guilty; however, unless you can prove the breath machines was not working properly, and you blew over a .08, you are guilty of DUI (DWI). It does not matter how well you were driving. If you are found guilty, jail time is mandatory. No way around it unless you have an alcohol drug issue and you enter into a deferred prosecution.

First, it would be a good idea to discuss this matter with a lawyer competent in the defense of OWI charges. You were charged because you were driving and over the legal limit. If this is a first offense, it is unlikely that there would be jail time but a conviction will have a serious impact on your driver's license and ability to obtain motor vehicle insurance.

It sounds like he gave you the DWI because you were over the legal limit. You need to hire an attorney. There may be options available to you that your attorney would know about.

There are many defenses to a DUI. All the defenses depend on the facts of the incident from the time you were stopped to the time you were released.

In New Hampshire, the DWI penalties for a first time offender with no prior offenses within 10 years in any state is $500 + $120 penalty assessment, 9 month loss of license which can be reduced to 90 days upon entrance into the Impaired Driver Intervention Program within 45 days of conviction, successful completion of the Impaired Driver Intervention Program and any and all recommended aftercare treatment. In order to reinstate your driver's license or NH driving privileges, you will need to pay your fine in full; complete the Impaired Driver Intervention Program and recommended aftercare treatment; obtain an SR-22 insurance certificate from your automobile insurance company and the $100 reinstatement fee. You should contact an experience NH DWI defense attorney in order to review the facts and circumstances of your case. I am available for a consultation at 603-434-4125. If you submitted to a breath test over 0.08, then the officer will charge you with DWI because he has probable cause to believe that you violated the law.

The officer gave you a DUI because you were over the legal limit. An experienced DUI attorney can tell you if you can defend against the charges and work out a good agreed disposition if you cannot.

You may want to discuss this matter with an attorney. Some courts have a deferred prosecution availabe which could keep you from receiving a conviction.

Just because someone has been arrested does not mean they will be convicted. If you're barely over the legal limit - there maybe an opportunity to settle the case for something less than a DWI. However, unless you know what you're doing - and you fully understand all of the ramifications of your DWI arrest - you should consult with a lawyer first.

It really depends where this offense took place and who your judge is. The maximum penalty is up to 93 days in jail, but most judges do not give out jail time on a first offense - unfortunately some do. Your best bet is to consult an attorney who is familiar with the court where the case will be held.

You need a good lawyer who handles these cases everyday to represent you. The officer gave you a ticket for drinking and driving because you blew over the limit it doesn't matter how far over you are only that you blow over .08. However, just because you blew over does not necessarily mean that the state can prove you are guilty of drinking and driving. A good lawyer who handles these cases everyday will be able to examine all the evidence to determine if there are any complications that would cause the state problems. I agree that you should not try to defend yourself on this matter. These cases can be very complicated and there can be long term indirect consequences that most people do not think about. Remember, a DUI conviction stays on your record for life.

A great amount of my practice of criminal law is in drunk driving. Get yourself an attorney you believe in and I think you may have a good chance to beat this charge.

Drunk Driving is like firing a gun at a moving train and hoping no one gets hit by the bullets. The officer felt you were impaired or intoxicated and arrested you. If you took the breath test the judge and prosecutor will know approximately how drunk you were and that will partially determine the disposition of the case. If it was over .13 you will have to go to trial in most jurisdictions. If it was over .18 you may be convicted of DWI. but it is unlikely that you will be sentenced to jail. You should retain a criminal attorney like myself to try and get the charges reduced to an Impaired violation. You will pay a $500 fine, go to driving school, and your license will be suspended for 90 days if you get the violation. Never get behind the wheel if you have had more than two drinks, it is a very dangerous and costly mistake that could result in your killing someone in an accident and going to prison for 10 years. It's much cheaper to just call a taxi or get a ride home.

DW is a very serious charge that could lead to jail, loss of your driver's license, and very heavy fines. You should definitely be represented by a lawyer on such a serious charge.

The cop gave you a DWI because he was of the opinion that you were under the influence, in all probability, and the breath test confirmed his conclusion.

With a decent record and good attitude, you'll walk. Best to get a local, experienced attorney.

In Arizona the only way to avoid jail time with a DUI is to get it dismissed or be found not guilty at trial. You need to hire a lawyer and an expert witness who can testify about error rates with the breath machine.

You can and should hire an experienced DUI attorney to represent you. It is impossible to talk about the potential consequences for your case without a detailed analysis of all the facts involved. That being said, in general, a first time DUI does not involve any jail sentence. Nonetheless, whatever the best result for your case may be, it will only be achieved with the help of an experienced DUI lawyer. Do yourself a favor and discuss your case with a DUI lawyer. I hope this answer was helpful. Good luck.

Unfortunately DWI is based on a standard of .08 Blood Alcohol Level (BAC). If you are at that point or higher it is automatically charged by police. Jail time varies depending upon the jurisdiction you are in and your prior history (especially alcohol related). Your best course of action would be to contact an attorney to see if you can challenge the DWI.

There is a mandatory 1 day in jail if you are convicted. The officer did not "give" you a DUI, you earned it. With a low BAC level, you may be able to get the prosecutor to allow you to plead guilty to a lesser charge that does not involve jail but that depends on the prosecutors' plea guidelines.

The cop gave you a DUI because you were over the limit. Hire a DUI specialist ASAP, you have only 10 days to save your license.

First offense, no accident and and barely over the limit; you won't be doing any jail.

You always have a chance to defend yourself in court. An officer will give a person field sobriety tests, including a breath test, if he or she appears to be under the influence of alchol. Sometimes the "appearance" doesn't take much, which is why you should consult an attorney to fight for you.

Even a first offense DUI in Georgia requires at least 24 hours in jail. You will, however, get credit for any time you served in jail before bonding out.

Dependent on your past criminal history and the complexity of your case a good DUI Lawyer may help you to avoid any jail time. Give an experienced DUI Lawyer a call to set up a free consultation.

Yes, it is very possible to resolve the case without jail time. Is this a 1st DUI? Or do you have prior DUI's? What court is your DUI case in (it should say on the bottom of the citation you received when you were arrested). Also, it may be possible to get the DUI charge dismissed or reduced to a lesser charge.

The answer is probably one you were not hoping for: It depends. You were cited because, as you said, you were over the legal limit. However, whether you spend time in jail will depend on whether this is your first arrest and other facts particular to your case. You should contact an attorney immediately so you can discuss the potential ramifications of a charge such as yours and assess the likelihood of a conviction.

DWI, first offense does not carry a jail sentence. Mandatory minimum sentence for a first offense is a fine and penalty assessment for $620, 9 month loss of license (that can be reduced to 90 days) and you will need to complete the IDIP program. A competent attorney can help you defend this case.

You should get an attorne to look over the case and see if there is any defense and if not then to see what can be worked out.

The officer gave you a DWI, because you were over the legal limit. You are answering your own questions. You now must answer the most important question: (1) am I going to retain an attorney to assist me, and try and fight the DUI; or (2) am I going to just plead guilty, because there is nothing anyone can do. Recognize a DUI is a DUI, the judge is not going to have pity on you because you were just over the limit, and your driver's license will be suspended, even though you really really need to get back and forth to work. Therefore, I recomment that you retain an attorney.

When I have a tooth ache, I consult a dentist. When my car has a problem, I consult a mechanic. You have a legal problem. You should consult an attorney. A web site inquiry is not consulting an attorney. You are assuming that you have no chance, and assuming the result. I suggest that I have no idea whether or not this is true. However, my best advice to you is to consult with an attorney who can review the facts in your case more than just a one-line question with nothing more. Otherwise, it is like assuming one thing or another about your aching tooth or broke down car, and the accuracy of the assumption will be based on your experience behind the guess or just a lucky one. Since a criminal record and Court consequences are often important, I suggest that you invest in hiring an attorney who can better give you information that will be helpful.

You always have a chance to defend yourself, that is the point of the Constitution. Sometimes the cops and prosecutor's and judges want to make it seem like you have no chance, because it is easier for them when they don't have to work. DUI cases are very defendable, if you find an attorney who is trained on how to defend the cases. A lot of attorneys like to advertise that they do DUI defense, but they haven't got the first clue. Look at the training, have they taken field sobriety tests courses, are they trained on the breath machine, what other DUI seminars have they gone to, what other types of cases do they handle. As for your scenario, yes, you can avoid jail time on a first offense DUI in WV. However, it depends on which county you were arrested in. Some counties are more conservative and require jail time even on a first, but most will give you a fine only. Definitely contact an experienced DUI attorney to help you out.

You may be able to avoid jail time if you have any credits (if you did the jail time when you were arrested for the DUI) or you can have an attorney attempt to negotiate to have your sentence done out of custody through an alternative means such as house arrest or community service.

If this is your first DUI offense, then mandatory jail time of 5 days applies to DUI convictions with BAC test level of 0.15 - 0.20. Mandatory 10 days in jail applies to BAC levels of 0.21 or more.

If you are a first offender, you are not likely to get jail except in front of a few tough judges.

Hurry up and hire a lawyer. If you were barely over the limit we may be able to beat your charge. Call me at the number below if you are anywhere around Worcester County. If not, call the Massachusetts Bar Assoc and ask them for a referral near to where you are charged.

Whether you can avoid jail time depends almost entirely on the number of times you have been convicted of DWI prior to this offense. Generally speaking, a second or subsequent offense carries mandatory jail time, but on a second offense, most defendants get sentenced to two days that can be served at an Intoxicated Driver Resource Center. There are almost always defenses that can be raised to the charge of DWI, but it is critical that you have a defense attorney that is skilled in DWI defense. I would urge you to find such an attorney as soon as possible.

First and foremost, you MUST contact the DMV within 10 days of your arrest to schedule a hearing regarding your license or it will automatically be suspended. For a low (but over the limit) case, there may be defenses and ways to fight both the DMV and the DUI charges. You'll absolutely need an attorney to assist you through this, though. Schedule consultations with a local criminal defense attorney that routinely practices in the court where your case will be heard.

Contact a DUI Lawyer and get a free consultation. Every case is different. Every county is different regarding how they implement penalties for DUI convictions. The first thing you want to find out is if there is a chance to win you case. That usually requires a consultation with the DUI Attorney, who will need to review the reports and conduct a thorough investigation.

Yes you can avoid jail time. You may also be able to avoid a criminal conviction.

If its a first and you are over 21years, jail unlikely Talk to an attorney prior to court Get police reports so atty can review If over 0.08, then goto DMV within 7 days of arrest to request DMV hearing

If this is a first offense, jail time is very unlikely (unless you are under 21). In terms of what you should do, there are many attorneys who will offer you a free consultation and so I would recommend taking advantage of that to interview attorneys and determine whether you think you need the services of qualified and experienced counsel to assist you with this case.

DWI is a serious charge and you should retain an experience DWI attorney. Jail in most DWi cases is unlikely though possible under certain circumstances

On a first time DUI (without injury or accident) in Brevard County, Florida and most other counties you usually do not have to serve "jail" time if there are no unusual circumstances like you were so drunk you threatened the arresting officer.