Can my wife serve maximum jail time for DWI? 9 Answers as of May 19, 2014

My wife just got arrested for a second DWI in less than a year. She doesn't have any money to pay for fines, fees, probation. I and her family refuse to give financial support. Her BAC is higher this time and her first conviction penalties have been taken care of. Will she have to stay in jail the maximum time since she has no means of money support?

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Robert S. Evans ESQ | Robert S. Evans ESQ
I mistakenly requested removal from your q&a database . I want to rescind that request and be reinstated and continue to receive questions in the following areas, to wit: DWI/DUI and CRIMINAL LAW. Kindly reinstate my participation and advise accordingly.
Answer Applies to: New York
Replied: 5/19/2014
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
She will probably NOT get the maximum, but she will spend considerable time in jail.
Answer Applies to: Georgia
Replied: 5/9/2014
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
If the government files repeat offender papers it is very possible. I would urge you to have your wife contact an attorney skilled in representing persons charged with DWI and to immediately seek help for her substance abuse problem.
Answer Applies to: District of Columbia
Replied: 5/9/2014
Michael Breczinski
Michael Breczinski | Michael Breczinski
Not necessarily this depends on the judge and all the facts.
Answer Applies to: Michigan
Replied: 5/8/2014
TAMBASCO & ASSOCIATES, P.C. Attorneys at Law | R. Tambasco
The inability to pay costs and fines are not likely to result in jail time. If indigent, she may sidestep that but could still be subject to an executed sentence, a lengthy probation which could include community service work. She will be given credit for the time already spent in jail following her arrest. whether she can expect any more time will depend on the facts.
Answer Applies to: Indiana
Replied: 5/7/2014
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It is doubtful that she would be maxed out, but she is probably looking at at least some jail time and possibly substantial jail time depending upon the policy of the judge. Retain an experienced DUI attorney in the area that is familiar with her judge for a better about evaluation of what to expect. There maybe deficiencies in the case that can be exploited or defenses that could be raised.
    Answer Applies to: Michigan
    Replied: 5/7/2014
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Unlikely, poverty does not mean you do maximum time.
    Answer Applies to: Nevada
    Replied: 5/7/2014
    Law Office of Robert E McCall | Robert McCall
    That decision is always up to the Judge. Max is usually one year for 2nd DUI.
    Answer Applies to: Florida
    Replied: 5/7/2014
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    It depends on the facts of her case. It is mandatory that she serve 4 days if convicted. She will also have to serve some time for probation violation if the violation is proven. She will be eligible for a public defender who can advise her. If she's convicted,, she will be given an option to convert almost all her fines/fees to jail or community labor.
    Answer Applies to: California
    Replied: 5/7/2014
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