Do I need to do jail time if no one was injured? 74 Answers as of July 01, 2013

Do I need to do jail time if no one was injured? I was charged with a DUI.

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
If you need specific legal advice for your particular circumstances, I encourage you to privately consult with a lawyer. If you are charged with an offense and cannot afford to pay for your own defense, the court may appoint you an attorney payable at the public's expense. You have a right to counsel. Generally speaking, possible sentences for a conviction depend on the court, the judge, the facts of a case, and a litany of other potential factors. Whether there was an injury will play a role if convicted but it would be one factor of many. I'd advise you to have an experienced attorney review your file; preferably one who knows the judges and their sentencing policies for your particular court.
Answer Applies to: Michigan
Replied: 7/20/2012
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
It depends on all the detailed facts and circumstance. You should hire an attorney and disclose everything.
Answer Applies to: New York
Replied: 6/21/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
Far more information is necessary before even estimating that answer. If you have an OUI and someone was hurt and you don't have a lawyer, you are on very dangerous ground. Hire an attorney.
Answer Applies to: Massachusetts
Replied: 6/7/2012
Harrison & Harrison
Harrison & Harrison | Samuel Harrison
If you were over .08 or this is not your first DUI, yes.
Answer Applies to: Georgia
Replied: 6/5/2012
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
The answer is "it depends." In a rare few Courts, regardless of whether anyone is injured, a 1st offense DUI will result in jail time. In most others, it is not expected that you sill go to jail. You should consult with your attorney, who should be familiar with these sorts of cases and your Court, whether or not jail is realistically anticipated.
Answer Applies to: Michigan
Replied: 6/5/2012
    Law Firm of Martin & Wallentine
    Law Firm of Martin & Wallentine | Jerry Lee Wallentine Jr.
    It depends. DUI law is very specific on minimal required jail time and depends on prior convictions.
    Answer Applies to: Kansas
    Replied: 6/4/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Depends is it your first DUI? the answer is no if that is so. But some judges like to give some jail on all DUIs, so it is up to the judge. You should have a good attorney.
    Answer Applies to: Michigan
    Replied: 6/2/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    The determination of a penalty will be usually based on the severity of the offense, your individual history and the jurisdiction your are in. There is a difference in what type of penalty is handed down that can have a substantial variance depending on the court, prosecutor and judge on the case. Some courts will impose some jail time on a first offense while others may not. You need a lawyer familiar with the court that has your case.
    Answer Applies to: Missouri
    Replied: 6/2/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Upon conviction for a DUI, misdemeanor, regardless of prior convictions or no convictions, you could receive up to one year in the county or metro jail. Normally, your prior record and the circumstances of the offense, as well as the jurisdiction where the offense occurred, determine whether you will serve time or be placed on probation.
    Answer Applies to: Alabama
    Replied: 6/1/2012
    Myles Hahn III Attorney at Law | Myles Hahn III
    This is one issue among many others which needs to be addressed immediately.
    Answer Applies to: Illinois
    Replied: 6/14/2013
    Alvin Lundgren | Alvin Lundgren
    Jail time is a function of the crime, regardless of whether some one was injured.
    Answer Applies to: Utah
    Replied: 6/1/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you are a first time offender, you have an excellent chance of receiving a probationary type of sentence. Of course, if you are not a first timer, your chances of going to jail increase rapidly.
    Answer Applies to: Illinois
    Replied: 6/1/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    There are minimum confinement requirements for every DUI. 1st is 48 hrs., 2nd is 5 days, 3rd is 90 days, 4th and subsequent is 180 days.
    Answer Applies to: Kansas
    Replied: 5/31/2012
    Law Office of Ronald G. Draper | Ronald G. Draper
    The facts and circumstances of each case determines if jail sentences are imposed.
    Answer Applies to: Illinois
    Replied: 5/31/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    The maximum jail sentence for a first offense operating while intoxicated (OWI) or operating while visibly impaired (OWVI) is 93 days in jail. Depending upon what court and what judge for that matter your case is before will dictate whether or not you can expect to be sentenced to some jail time upon conviction. For instance, there is a judge out of West Bloomfield Michigan that has a policy of sending first time offenders to jail for usually 30 days. Many other courts and judges generally do not order jail time, but rather probation with many terms and conditions with the threat of jail in the event the conditions are not met and/or the person violates probation.
    Answer Applies to: Michigan
    Replied: 5/31/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    Although an injury specifically does not determine the jail time on a DUI, a DUI conviction in Oregon carries a maximum penalty if 1 year in custody and a $6,250 fine. A DUI conviction also has a minimum of 2 days in custody and a $1,000 fine. It is important to work with a DUI Lawyer who can help you wade through these complex issues. You may be eligible for different programs of community service in lieu of jail time.
    Answer Applies to: Oregon
    Replied: 5/31/2012
    Harden Law Offices
    Harden Law Offices | Leonard D. Harden
    It depends if there are other aggravating factors that make charge a class A misdemeanor or felony level offense. On a true first DWI there is no possibility of jail.
    Answer Applies to: New Hampshire
    Replied: 5/31/2012
    Law office of Robert D. Scott | Robert Scott
    It depends on what, if any, prior record you have. Some jurisdictions require jail time based nupon a certain BAC score.
    Answer Applies to: Maryland
    Replied: 5/31/2012
    Law Office of Gregory Crain | Gregory Crain
    You could be charged with battery.
    Answer Applies to: Arkansas
    Replied: 5/30/2012
    Kalberg Law Office, L.L.C. | Chris Kalberg
    The ultimate resolution of your case will depend on a number of factors including but not limited to any prior DUI convictions or diversions. Frequently these cases can, depending on the circumstances, be resolved without actual jail time.
    Answer Applies to: Kansas
    Replied: 5/30/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    Sentencing in DUI cases is determined by a number of factors, prior history, level of intoxication, injuries, accidents, refusal to test, children in the car, etc.
    Answer Applies to: Minnesota
    Replied: 5/30/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    A person charged with DWI, 1st Offense in NH is a Class B Misdemeanor (a criminal offense) and is facing the following minimum penalties if a person pleads guilty or is convicted after trial: $500 fine + $120 penalty assessment, 9 month loss of license, with the ability to reduce the loss of license to 90 days if the person enters into the relevant Impaired Driver Intervention Program (IDIP) and successful completion of IDIP. If you are under the age of 21, you face a minimum loss of license of 1 year and must petition the Department of Safety for a hearing at the Bureau of Hearings to get your license restored prior to your 21st birthday. The maximum penalty is $1,200 fine + 24% penalty assessment, 2 year loss of license. This does not include any administrative license suspension that could be imposed by the NH Department of Safety which is separate from any court penalties. I suggest that you consult with an experienced NH DWI/DUI attorney to review your case.
    Answer Applies to: New Hampshire
    Replied: 5/30/2012
    Law Office of Michael R. Garber
    Law Office of Michael R. Garber | Michael R. Garber
    If it's your first offense probably not.
    Answer Applies to: Louisiana
    Replied: 5/30/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    It depends on your blood alcohol level. If it was above a .2, you will probably face jail time. Below that amount with no priors, you should be sentenced to probation.
    Answer Applies to: Colorado
    Replied: 5/30/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Injuries are not the determining factor friend. You are facing jail time by statute. You better get a good lawyer son. You can get up to a year and a $2500 fine.
    Answer Applies to: Virginia
    Replied: 5/30/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You may be sentenced to jail.
    Answer Applies to: New York
    Replied: 5/30/2012
    Hynum Law Office, LLC
    Hynum Law Office, LLC | G. Wayne Hynum
    The penalties for first offense DUI include a fine of $250 to $1,000 or 48 hours in jail or both. Most Judges just charge the fine for first offense DUI and the jail time is not given, but the Judge can sentence you to the 48 hours if he wants to do so.
    Answer Applies to: Mississippi
    Replied: 5/30/2012
    Leonard A. Kaanta, P.C. | Leonard A. Kaanta
    If this is your first DUI, you will be placed on probation with jai time hanging over your if you violate probation.
    Answer Applies to: Michigan
    Replied: 5/30/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Normally on a first offense you're not looking at jail if you get probation. The possible penalties are 7 to 60 days in jail.
    Answer Applies to: Nebraska
    Replied: 5/30/2012
    Glojek Ltd | Joseph E. Redding
    It depends. If it is a first offense is Wisconsin and there were not any minor children in the car, then it's a civil offense and there should not be any jail time unless you fail to pay the fine. If you have had a previous conviction in the last 10 years, or had two others since 1989, then by law if convicted you will have to serve some jail. Second offense you must serve at least 5 days. Third offense you must serve at least 30 days. Other jurisdictions have different rules, so if this is not Wisconsin you need to consult with an attorney from that State.
    Answer Applies to: Wisconsin
    Replied: 5/30/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    If convicted of a first dui, the law requires that you serve a minimum of 48 hours of community service OR 2 days in jail, although the maximum penalty is up to 6 months in jail. Most judges allow the option of serving 48 hours of community service.
    Answer Applies to: Nevada
    Replied: 5/30/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    That will be up to the judge. Most judges give some jail time for a DUI conviction.
    Answer Applies to: Georgia
    Replied: 5/30/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    No. A good attorney can make sure this won't happen.
    Answer Applies to: Michigan
    Replied: 6/14/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Still possible, especially if there was an accident. Contact a DUI specialist soon, because you have only 10 days to save your license.
    Answer Applies to: California
    Replied: 5/30/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    If it is your first DUI probably two days which can be done collecting trash, etc. Also you get credit for time you were in jail so if you were arrested just before midnite and released just after midnite you have two days credit. But most likely you just have one day.
    Answer Applies to: California
    Replied: 5/30/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You will not be sentenced to jail time for a first DWI unless you injured someone. Learn from your mistake and take a taxi if you have been drinking because DWI is very dangerous to you and every other person on the highway.
    Answer Applies to: New York
    Replied: 5/30/2012
    Fagan, Fagan & Davis
    Fagan, Fagan & Davis | Steven H. Fagan
    The answer to your question will depend on a great deal of information you have not provided. Even the most basic DUI is punishable by up to 364 days in jail. There are also several circumstances in which a defendant may face mandatory jail time. The possible penalties will depend on the specific facts of your case as well as a detailed analysis of your criminal history by a qualified and experienced DUI defense attorney familiar with Illinois law.
    Answer Applies to: Illinois
    Replied: 5/30/2012
    Moriarty & Associates, PLLC | Patrick M. Moriarty
    If convicted of DUI in Washington State, there is a mandatory minimum jail sentence that the court must impose depending on the breath/blood test results and the prior criminal history of the person charged. It is important to seek legal advice/representation from an experienced DUI attorney as soon as possible following an arrest.
    Answer Applies to: Washington
    Replied: 5/30/2012
    Law Office of Jared C. Winter
    Law Office of Jared C. Winter | Jared C. Winter
    Yes. A first time DUI carries a minimum 2 days jail. Second, third, and fourth DUIs carry stiffer minimum jail requirements. You should contact a local criminal defense attorney for a consultation. DUIs can have hefty consequences and you want an attorney to evaluate your case before you do anything.
    Answer Applies to: California
    Replied: 5/30/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    No. Not at all, no jail time.
    Answer Applies to: New York
    Replied: 5/30/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    Depends on prior history, BAC, if there was an accident, other bad behavior. Most first DUIs do not get jail.
    Answer Applies to: Colorado
    Replied: 5/30/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You need to hire a lawyer. You may be able to beat the case but you need a lawyer NOW! There are time restrictions with regard to driving matters.
    Answer Applies to: Texas
    Replied: 5/30/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    In Georgia there is a minimum 24 hours for the first DUI. It can be reduced to time serve depending on the judge.
    Answer Applies to: Georgia
    Replied: 5/30/2012
    Law Office of Christopher G Humphrey PC | Christopher G Humphrey
    Whether someone is injured or not does not in of itself determine if you will receive jail time. Jail time is always a possibility when you drive while intoxicated. If you have prior DUIs, you may be required to serve time by statute. A second DUI has a 7 day minimum. A Third DUI has a 30 day minimum. A Fourth DUI has no minimum, but, you would be a felon, and face up to two years in prison.
    Answer Applies to: Wyoming
    Replied: 5/30/2012
    Attorney at Law
    Attorney at Law | Lance Daniel
    Actual, "jail?" That depends on the circumstances, your prior criminal history, and the policy of the D.A.'s office and the courts in your county.
    Answer Applies to: California
    Replied: 5/30/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Need to? No. It MAY be possible to keep you out of jail, but whether you WILL go to jail is up to your attorney and his negotiations with the DA and judge, and depends upon the facts and your record. With normal misdemeanor DUI, the charges potentially carry up to a year in jail if convicted. It sounds like you face felony DUI with an accident, for which you face potentially a year or more in prison if convicted. I can help you fight the criminal charges and get the best outcome possible. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. Effective plea-bargaining, using those defenses, could possibly reduce the potential time and other penalties you face. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of an automatic one year suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.
    Answer Applies to: California
    Replied: 5/30/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Yes. Mandatory minimum jail time is 1 day.... potentially more depending upon the particular facts of your case, including what the alcohol breath test results were and/or (if applicable), the level of drugs in your system.
    Answer Applies to: Washington
    Replied: 5/30/2012
    William L. Welch, III Attorney | William L. Welch, III
    If the court believes that it must do something drastic in order to get your attention so that you will conform to the requirements of the law in the future, then the judge might confine your. While injuring someone almost guarantees confinement, the lack of injury does not guarantee probation.
    Answer Applies to: Maryland
    Replied: 5/30/2012
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    No. Sentencing, of course, is up to the judge. Make sure you have a good lawyer.
    Answer Applies to: New York
    Replied: 5/30/2012
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    There is mandatory jail time for any DUI offense in Montana if you plead guilty or are found guilty.
    Answer Applies to: Montana
    Replied: 5/30/2012
    Hamblin Law Office | Sally Hamblin
    Depends on your past record. Depends on the court.
    Answer Applies to: Michigan
    Replied: 7/1/2013
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    If you plead to, or are convicted of, a DUI, one day in jail is mandatory. If this is your first DUI, you will likely be offered a chance to plead to a reduced charge and avoid jail time.
    Answer Applies to: Washington
    Replied: 5/30/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    Utah law has minimum mandatory jail requirements. The minimum number of jail days is based on the number of prior convictions you have. A good DUI attorney can sometimes exchange the jail time for community service or home confinement.
    Answer Applies to: Utah
    Replied: 5/30/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    A person's first conviction for DUI in Utah carries a mandatory 2 day jail sentence. The jail sentence can be longer if the judge finds that the circumstances allow for it. Also, please note that a DUI conviction carries civil penalties as well. Your license may be suspended and you may be required to use an ignition interlock device once your license is reinstated. Your best chance at avoiding jail time or civil penalties is to hire a DUI attorney as soon as possible. An attorney may be able to get the sentence reduced so that no jail time is necessary.
    Answer Applies to: Utah
    Replied: 5/30/2012
    Robert Valles and Associates P.C.
    Robert Valles and Associates P.C. | Robert Valles Jr.
    No.
    Answer Applies to: Texas
    Replied: 6/14/2013
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Depending on the jurisdiction it is possible that you may spend jail time even on a first offense with no injury. In other jurisdictions that would be less likely. I would suggest you contact an attorney immediately.
    Answer Applies to: Michigan
    Replied: 5/30/2012
    Salladay Law Office | Lance Salladay
    On a first offense DUI with no accident (your question implies an accident) you would generally not do jail time- thee would be a suspended jail sentence, but it all depends on the facts and the judge- there is the possibility of having to do 10 days and up to 6 months for a DUI.
    Answer Applies to: Idaho
    Replied: 5/30/2012
    Bruce Plesser | Bruce Plesser
    No you don't.
    Answer Applies to: Florida
    Replied: 5/30/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    No, you do not need to do jail time. But the outcome of any case depends upon the abilities of the attorneys. Get a good one.
    Answer Applies to: Florida
    Replied: 8/13/2012
    Anderson & Carnahan
    Anderson & Carnahan | Stephen Anderson
    Jail is always a factor in DUI offenses, you should talk to a local attorney in the county which you are charged.
    Answer Applies to: Colorado
    Replied: 5/30/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    On a second DUI offense or if the alcohol test showed over .2 on the first offense, then you will get jail time. In some counties in Colorado you will get a couple of days of jail time even on s a simple first offense.
    Answer Applies to: Colorado
    Replied: 5/30/2012
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    There is a mandatory jail sentence of at least one day.
    Answer Applies to: Washington
    Replied: 5/30/2012
    Benjamin D Gordon, Attorney at Law
    Benjamin D Gordon, Attorney at Law | Benjamin D Gordon
    The answer to this question will depend on many factors. If convicted of a first DUI Utah has a mandatory 2 day jail sentence. This can be converted to home confinement or community service. A second DUI within 10 years carries a mandatory 10 day jail sentence, which can also be converted to community service or home confinement. A third DUI within 10 years is a felony and carries a mandatory 62 and a half day jail sentence, which can be converted to home confinement but not community service. As a third degree felony, it can also carry a prison sentence of up to 5 years.
    Answer Applies to: Utah
    Replied: 5/30/2012
    Michael S. Edwards, Attorney at Law, PLLC | Mike Edwards
    Not necessarily. Hire a good attorney, and see what can be done to minimize your damage. Under Utah law, there is a minimum mandatory jail sentence of two (2) days in jail for a first offense DUI, but the judges will often allow you to serve community service, in lieu of the jail sentence.
    Answer Applies to: Utah
    Replied: 5/30/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    Minimum jail time for a first offense DUI in Georgia is 24 hours if convicted. It doesn't matter if no one was hurt.
    Answer Applies to: Georgia
    Replied: 5/30/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    Not necessarily. Jail will depend upon prior offenses, BAC level and whether there are other aggravating factors.
    Answer Applies to: Colorado
    Replied: 5/30/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    Whether or not you will be sentenced to jail depends on a number of factors, including your driving and criminal history, the facts of the case, the attitude of the judge and state's attorney and the quality of your defense attorney.
    Answer Applies to: Illinois
    Replied: 5/30/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    The statutory requirements demand jail time for a DUI, which means if you are convicted or plead to a DUI, there will be jail time. see website for DUI penlaties: www.lawrencelewispc.com
    Answer Applies to: Georgia
    Replied: 5/30/2012
    Abom & Kutulakis, L.L.P,.
    Abom & Kutulakis, L.L.P,. | Jason P. Kutulakis
    Do you need to do jail time? My guess is you don't feel you need to do any jail time. The law is different and there are strict parameters that govern DUI sentences. You have not provided nearly enough information upon which any response can be given except that you should consult with and retain an attorney.
    Answer Applies to: Pennsylvania
    Replied: 5/29/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Depends. Was there an accident? How many DUIs do you have?
    Answer Applies to: California
    Replied: 6/14/2013
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Depends on other factors, including BAC, record, driving, quality of California DUI attorney, judge, prosecutor, etc.
    Answer Applies to: California
    Replied: 5/29/2012
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