How long will I be in jail if I am proven guilty for driving under the influence? 62 Answers as of June 19, 2013

This is my 2nd time to be caught for DUI. Will I be imprisoned for this? How long will it be? What should I do to avoid doing jail time?

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Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
2nd offense, if convicted, mandatory minimum 30 days in jail. You may be able to get electronic home monitoring (60 days minimum). Those are your options. You really should hire an attorney.
Answer Applies to: Washington
Replied: 3/5/2012
Law Office of Michael R. Garber
Law Office of Michael R. Garber | Michael R. Garber
It depends on where you on whether you'll have to serve any jail time, but you won't go to prison. 2nd offense DWI is a misdemeanor. You'll most likely have to pay a fine with a suspended jail sentence.
Answer Applies to: Louisiana
Replied: 3/2/2012
Goodgame Law, LLC
Goodgame Law, LLC | Jeffrey L Goodgame
On a second DUI conviction within a five-year period, a person convicted will be punished by a fine of not less than $1,100 nor more than $5,100 and by imprisonment, which may include hard labor, in the county or municipal jail for not more than one year. The sentence will include a mandatory sentence, which is not subject to suspension or probation, of imprisonment in the county or municipal jail for not less than five days or community service for not less than 30 days. In addition the Director of Public Safety will revoke the driving privileges or driver's license of the person convicted for a period of one year. You should retain an experienced DUI attorney to defend you in this matter. A skilled DUI attorney can challenge to prosecutor's case in several ways. An attorney is also essential in negotiating a possible plea agreement with the prosecutor which may result in a reduced charge and/or reduced penalties.
Answer Applies to: Alabama
Replied: 3/2/2012
Connell-Savela
Connell-Savela | Jason Savela
2nd DUI has a mandatory 10 days of jail if the 2nd DUI is within 5 years of previous one, then 10 days must be jail not a jail alternative except work release (no home monitoring) you have to beat the DUI and the DWAI.
Answer Applies to: Colorado
Replied: 3/1/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
You can go to jail for up to a year. You should get into treatment right away. Go to AA and stop drinking the more you do to address you alcohol problems the better it will be for you. Having one conviction may be a mistake. Having two proves you ARE an alcoholic.
Answer Applies to: Michigan
Replied: 2/29/2012
    Law Offices of Eric J. Bell | Eric J. Bell
    You should hire an experienced DUI lawyer to assist you with your difficult situation. Your second DUI here is likely a Class A misdemeanor where the maximum penalty is one year in jail.
    Answer Applies to: Illinois
    Replied: 2/29/2012
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    There are certain mandatory minimum jail sentences depending on how the DUI was charges and the facts behind the DUI. In some cases, community service or SWAP can be substituted for jail time.
    Answer Applies to: Illinois
    Replied: 2/29/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    This depends. Anywhere from 10 days to a year.
    Answer Applies to: California
    Replied: 2/29/2012
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    Second offense DUI has a mandatory minimum of 10 days in jail. The only way to avoid jail time is to get a plea agreement where the charge is reduced from second offense DUI or you are acquitted at trial or the charges are dismissed.
    Answer Applies to: Montana
    Replied: 2/29/2012
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    You are looking at a minimum of two days and a maximum of 90 days in jail if you are convicted. You should definitely hire an experienced DUI attorney such as my self to represent you to see what can be done to assist you in this matter.
    Answer Applies to: New Jersey
    Replied: 2/29/2012
    Russman Law
    Russman Law | Ryan Russman
    There is a mandatory 3 day HOC sentence for a DWI subsequent offense more than two years beyond the first offense. If your prior conviction was within 2 years of the first offense then there is a mandatory minimum 30 day HOC sentence. To avoid jail I would suggest contacting a qualified attorney.
    Answer Applies to: New Hampshire
    Replied: 2/29/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    You can receive a jail sentence of up to one year. A sentence of that length is unlikely, depending upon the specific circumstances of your case, but it is probably in your interest to seek the assistance of a qualified DUI defense attorney to advise and assist you through the process as the stakes are definitely raised when there is a prior offense.
    Answer Applies to: Colorado
    Replied: 2/29/2012
    Law Office of Jason D. Baltz | Jason Daniel Baltz
    The answer, quite frankly, depends on a number of things. When sentencing you the judge must take into consideration the seriousness of the offense, the need to protect society and your character. If I was representing you, I would mandate that you get into treatment to show to the judge, the DA and to yourself that you are not at risk to re-offend. After the judge has taken all of those factors into consideration, the judge usually follows the sentencing guidelines for OWIs. Those guidelines depend on the judicial district that you live in. The sentence will range on the guideline scale from low to middle to high. To determine where you should fall, please realistically look at the mitigating and the aggravating factors that the judge must consider.
    Answer Applies to: Wisconsin
    Replied: 2/29/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    There are many factors that play into the amount of jail an individual will serve for a second DUI conviction. A DUI charge in Oregon has a maximum penalty of up to 1 year in jail, and a $6,250 fine. A DUI also has a minimum $1,000 fine and 2 days jail. An experienced DUI Lawyer may help to push this 'punishment' to the lowest end possible, or get you eligible for AIP (Alternate Incarceration Programs). Fine a good DUI Lawyer who will be able to assist you through these complex issues.
    Answer Applies to: Oregon
    Replied: 2/28/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    A 2nd DWI is punishable up to $4k and 1 year in jail.
    Answer Applies to: Texas
    Replied: 2/28/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Although there is the possibility of jail time for a 2nd conviction of OUI. A good lawyer should be able to negotiate a disposition that avoids jail.
    Answer Applies to: Massachusetts
    Replied: 2/28/2012
    Law Office of Patrick Lewis, LLC | Patrick M. Lewis
    I am afraid it is impossible to say how long you would serve on a second conviction without knowing all the facts involved. The BAC, driving errors, attitude with officers, other convictions, people in the car, the attitude of the prosecutor, the tendencies of the judge. All these and more come into play in determining how long a person would actually serve. Discuss the matter with your attorney. Explain your concerns. Be honest with him. He will know enough to give you a good idea of how long you may actually have to serve if convicted.
    Answer Applies to: Kansas
    Replied: 2/28/2012
    Dungan, Lady, Kirkpatrick & Dungan PLLC | Michael Dungan
    If this is a second offense within seven years, you can serve up to 1 year in jail, that is the maximum possible penalty, that does not mean that is what your actual sentence will be if you are convicted. No one can predict your exact sentence without knowing more about the case, your background, and sentences will vary depending on the county and the judge. Typically, you can help avoid jail time, or lessen the amount of jail time by engaging in substance abuse education, counseling, or treatment. You should consult with an experienced drunk driving attorney who is familiar with the judges in your county.
    Answer Applies to: Michigan
    Replied: 2/28/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Depends on the Judge, how intoxicated you were, have you participated in AA or other substance abuse programs voluntarily since the incident, was there an accident?
    Answer Applies to: Michigan
    Replied: 2/28/2012
    Norton Hare, LLC
    Norton Hare, LLC | Jay Norton
    The penalties for a second offense DUI are as follows: DUI SECOND OFFENSE: Conviction of a second DUI in a lifetime is a Class A misdemeanor. JAIL: a minimum of 90 days up to a maximum of one year. FINE: $1,250.00 to $1,750.00, plus the $150.00 ADSAP fee, and court costs of between $10.00 and $100.00. PROBATION: Only after a person has served a mandatory minimum of five days incarceration are they eligible for probation. Two of the days of imprisonment must be consecutively served in a jail facility. The other three days may be served either by spending 72 hours in a Work Release program (excluding the hours spent at work) or 120 hours of House Arrest (excluding any time spent outside of the house for work, etc.). The terms of probation are standard: no breaking the law, no drinking, no going to places where alcohol is served, etc. Court ordered AA meetings, outpatient treatment, or inpatient treatment programs are also a possibility. SUSPENSION OF DRIVER'S LICENSE: If a defendant tests at less than .150, a criminal conviction of a second time DUI results in a one year suspension of driving privileges, followed by one year of driving restricted to only operating a motor vehicle equipped with an ignition interlock. If the test is .150 or higher, or the person refuses, a conviction for DUI will mean that their license is suspended for one year followed by 2 years of driving only a vehicle with an ignition interlock device. However, the driver may apply for a restricted license after 45 days which would allow him or her to drive to or from work with an ignition interlock device installed. This suspension goes on the person's driving record.
    Answer Applies to: Kansas
    Replied: 2/28/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    If you are convicted, you will get jail time. How long depends on the judge. A 2nd DUI in 10 years carries a minimum 72 hours, but many judges will give more time than that. If you want to avoid jail time, you need to win the DUI.
    Answer Applies to: Georgia
    Replied: 2/28/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    A second offense within ten years is enhanced to gross misdemeanor level. It also then carries a mandatory minimum jail term. This minimum term can be served in jail or split into some jail and some "house arrest". Every jurisdiction is different. Some make liberal use of "house arrest" while others do not.
    Answer Applies to: Minnesota
    Replied: 2/28/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    The amount of time you face on a second DUI conviction depends on the test result. The minimum sentence is 10 days. A good DUI lawyer can work with you to avoid all but the min. jail.
    Answer Applies to: Nebraska
    Replied: 2/28/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    A sentence depends on a lot of things like the exact charge(s), how cooperative the complainant(s) are, any injuries or property damage, the criminal history (including all arrests even if no convictions), behavior towards the arresting officer(s) and other factors.
    Answer Applies to: New York
    Replied: 2/28/2012
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    If this is a second offense, the likelihood of jail time is great. You should consult with an attorney who can review the specific facts of your case and make recommendations as to the best course of action.
    Answer Applies to: Michigan
    Replied: 2/28/2012
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    The law requires a mandatory minimum of 5 days in jail for a 2nd DUI within five years, in addition to other any fines and penalties. You need to hire an attorney. He will be familiar with other options, if any, that may be available to you.
    Answer Applies to: Alabama
    Replied: 2/28/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    Call competent counsel and defend the case. In NH, a DUI 2nd offense carries mandatory minimum sentence that includes a 3 year loss of license, as well as jail time depending on when your first conviction occurred. If the first conviction occurred more than 10 years ago, then this offense will be treated as a first. If it occurred less than 10 years ago, then it is a second. A second conviction within 2 years of the first carries a mandatory minimum 37 day house of correction sentence (with 7 of those days being served in an inpatient treatment program). If the second conviction occurred between 10 and 2 years from the first, the jail sentence is 10 days, with only 3 being served at the house of corrections and 7 at an inpatient facility or multiple offender program. Call an attorney and get a clear idea what you are facing. I offer free consultations by phone.
    Answer Applies to: New Hampshire
    Replied: 2/28/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    If you have a prior DUI conviction within the past two years, you are facing the following penalties if you plead guilty or plead guilty: $750 + 24% penalty assessment, 30 consecutive days in jail followed by 7 days at a multiple offender treatment program and a 3 year loss of license. If you have a prior DUI conviction more than 2 years ago but less than 10 years ago, you face the same penalties but only 3 days in jail. In both cases you are also required to install an ignition interlock device in your vehicle for at least 12 months upon reinstatement of your driver's license. These are the minimum penalties in NH. DWI, 2nd offense is a Class A Misdemeanor with a maximum punishment of 12 months in jail and a $2,000 fine + 24% penalty assessment. These penalties do not include any administrative action by the NH Department of Safety for a refusing a chemical test pursuant to the implied consent law. You should retain an experienced DUI attorney in your area to represent you in this case.
    Answer Applies to: New Hampshire
    Replied: 2/28/2012
    Khayoumi Law Firm
    Khayoumi Law Firm | Salim A. Khayoumi
    Your best bet is to hire an experienced local DWI/DUI defense attorney to represent you regarding the DWI-2nd offense. Although there is no guarantee, your chances of winning are greatly increased. With regards to penalties for a DWI-2nd conviction, New Mexico law does have a minimum mandatory sentence which includes jail time. Under ?66-8-102(F)(1), the sentence for a second conviction for DWI must include the following, none of which can be suspended, deferred or taken under advisement: 96 consecutive hours of jail. $500 fine. Not less than 48 hours of community service. Alcohol or drug abuse screening program approved by the Department of Finance and Administration. 66-8-102(K). Completion, within a time specified by the court, of one of the following court approved programs: (1) an inpatient, residential or in-custody substance abuse treatment program at least 28 days in duration; (2) an outpatient treatment program at least 90 days in duration; (3) a drug court program; or (4) any other substance abuse treatment program. 66-8-102(L). An ignition interlock driver's license must be obtained and an ignition interlock device must be installed and operating on all motor vehicles driven by the offender for two years. Unless the court determines the offender is indigent, the offender must pay all costs associated with having the ignition interlock device installed on the appropriate motor vehicles. 66-8-102(N).
    Answer Applies to: New Mexico
    Replied: 2/28/2012
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    The maximum sentence for a 2nd time DUI is one year in county jail but it is often resolved for much less. A lot depends on whether you were still on probation for the first one.
    Answer Applies to: California
    Replied: 2/28/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    The best opportunity you have for avoiding jail time is to hire an aggressive attorney to fight your charge. If you are charged as having a prior that qualifies you are looking at greater punishments including increased jail time, fines and a longer license revocation period. Jail can be from 10-30 days.
    Answer Applies to: Hawaii
    Replied: 2/28/2012
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Conviction of a DUI 2nd carries a mandatory minimum of 96 hours in custody (often people do this over the course of two weekends.) This is statutory and cannot be waived by a judge. However, sometimes the DA can be convinced to strike the prior (if it's old, if it's from out of state). Also, with all the new custody changes with "realignment" options such as home arrest and work furlough may be explored. A "wet reckless" will also keep you out of custody on a second. Good luck.
    Answer Applies to: California
    Replied: 2/28/2012
    McClendon Owens Melia McBreen LLP
    McClendon Owens Melia McBreen LLP | Richard L. McBreen III
    It's impossible to say how much jail will be imposed without reviewing your specific case carefully. Some counties will offer something like 2 days in jail and another might offer 30 days. The maximum penalty is 1 year in jail. To avoid jail time, I would highly recommend speaking to an attorney that can lead you through this process.
    Answer Applies to: Oregon
    Replied: 2/28/2012
    The Smalley Law Firm, LLC | Cary Smalley
    Where was your DUI?
    Answer Applies to: Kansas
    Replied: 6/19/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    The minimum is 4 days in county jail. You should consult a DUI specialist, because even a slight reduction could avoid jail time.
    Answer Applies to: California
    Replied: 2/28/2012
    The Gorman Law Firm | Scott Gorman
    A second DWI conviction will result in a period of imprisonment of two to ninety days, if the prior conviction occurred within ten years of the subsequent offense. However, a two-day period of imprisonment may frequently be served at the Intoxicated Driver Resource Center. To avoid a period of imprisonment altogether, your father will almost certainly need a knowledgeable defense attorney.
    Answer Applies to: New Jersey
    Replied: 2/28/2012
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    A second time DUI in Orange County will result in a 60 day sentence in the county jail. If you hire an attorney, you may be able to get an offer of community service or house arrest in lieu of serving that sentence in jail.
    Answer Applies to: California
    Replied: 2/28/2012
    Aaron Black Law
    Aaron Black Law | Aaron Black
    You need to retain an attorney. In Arizona the punishment depends on your BAC. .08 - .149 = 90 days .15 - .199 = 120 days .2 + = 180 days.
    Answer Applies to: Arizona
    Replied: 2/28/2012
    Ayodele M. Ojo & Associates
    Ayodele M. Ojo & Associates | Ayodele Mayowa Ojo
    Get a lawyer, you may be able to get Home Monitoring or Work Release. You need to put a fight though, 2nd time willl probally get you 30days in jail, but it all depends on other circumstances, how much was your reading, did you cooperate with the police, juricdiction and your lawye`s efforts
    Answer Applies to: Minnesota
    Replied: 2/28/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    With 2nd DUI there will be jail time. The length of that time depends of level of intoxication, how soon as 1st DUI, any injuries or property damage, judge you appear in front of and skill of your attorney. Yes you shoudl retain an attorney.
    Answer Applies to: Georgia
    Replied: 2/28/2012
    Law Offices of Paula Drake
    Law Offices of Paula Drake | Paula Drake
    The minimum jail is 96 hours; the maximum is one year. If you are still on probation for the first, this can increase your jail exposure. You should consult an attorney to look at the case to determine how best to fight it and to keep the penalties to a minimum. They can also advise you regarding you driver's license. If you do nothing, you could be looking a one year suspension. Best to consult an attorney as soon as possible.
    Answer Applies to: California
    Replied: 2/28/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should retain a good criminal lawyer to handle your case. You may face jail time in certain jurisdictions, especially if someone was injured or if you have a bad criminal record. Driving drunk is like firing a gun at a moving train and hoping no one gets hit by the bullets. All you had to do was call a taxi or Designated Driver, a service that drives you home in your own car for a fee based on the mileage.
    Answer Applies to: New York
    Replied: 2/28/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You better hire a good defense attorney. You could be facing a short stay at the gray bar hotel, however, with a good attorney representing you, I could see you getting some kind of probation, alcohol/drug counselling, and heavy fines, and you probably will be ordered to perform a relatively long period of community service.
    Answer Applies to: Illinois
    Replied: 2/28/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    In Minnesota, there is a mandatory minimum of 30 days in jail if convicted of a second offense in 10 years. However that can be waived under certain circumstances, or served through other means such as electronic monitoring, community service, or some other means. Get a chemical evaluation done and begin following the recommendations, and do whatever can be done to regain your driving privileges. That may help your case.
    Answer Applies to: Minnesota
    Replied: 2/28/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Depends. Conviction carries sentencing of up to a year in jail and $1000 fine. Second offenses are treated more severely by DA's in their plea bargaining. Of course you can fight the charges. 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 that does, who will try to get a dismissal, diversion program, reduction, or other decent outcome through plea bargain, or take it to trial if appropriate. A little free advice: When charged or 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 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: 2/28/2012
    Meadows & Howell, LLC
    Meadows & Howell, LLC | Brad Howell
    For a second time offense, you may be fined between $1,100 and $5,100, and/or imprisonment between 60 days and one year. Whether you are actually imprisoned will depend largely upon the judge, as it can be up to his or her discretion. You may wish to speak to an attorney to see if you are eligible for a court referral program, which would allow you to avoid jail time, possibly reduce any fines, and even keep the conviction from appearing on your record.
    Answer Applies to: Alabama
    Replied: 2/28/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    You could get anywhere from 7 days in jail if convicted on a second offense, or up to 1 year in jail. With a good attorney, you might not get any jail time, depending upon circumstances, the facts, and if your lawyer files a motion to suppress and wins. Anything can happen when you hire an attorney, but guaranteed jail if you simply plead guilty without one.
    Answer Applies to: Maine
    Replied: 2/28/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    A ten day jail sentence is required on a second offense, but it normally is more but can be served on work release or electronic home monitoring in some cases.
    Answer Applies to: Colorado
    Replied: 2/28/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    Mandatory minimum is 48 hours for a second DUI.
    Answer Applies to: Georgia
    Replied: 2/28/2012
    Salladay Law Office | Lance Salladay
    On a 2nd offense after Jan. 1, 2012 the penalty is mandatory 10 days in jail, the first 48 hours of which must be consecutive, and a minimum of 5 days actually served- but you would be eligible to make a request for a sheriff's inmate labor detail if available in your jurisdiction- meaning you could do labor in lieu of actual jail time (after the first 2 days) in the discretion of the court. There is a fine of up to $2000 and a mandatory absolute 1 year suspension of driving privileges, and a requirement that you have an ignition interlock system installed after you are permitted to drive again- the interlock system can be charged to you.
    Answer Applies to: Idaho
    Replied: 2/28/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    A second DUI carries from 5 days up to 1 year of jail time. Your attorney should be able to minimize the potential time.
    Answer Applies to: Kansas
    Replied: 2/28/2012
    Culp , Doran , Seidlin & Genest | Michael Culp
    Up to 2 years and a minimum of 7 days. You need an experienced criminal defense attorney.
    Answer Applies to: Iowa
    Replied: 2/28/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    If convicted of a DUI 2nd, the penalty is 6 months to 1 year. Home confinement is the only alternative, probation is not an option. 2nd offenses can be pled down to a 1st offense to lower the penalty range.
    Answer Applies to: West Virginia
    Replied: 2/28/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    The statute calls for 90 days in jail. An experienced DUI attorney can get you less jail time, through community service or, depending on the county, a rehab program.
    Answer Applies to: California
    Replied: 2/28/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Upon conviction for a second time DUI you could be facing a fine of not less than $2,100 and uup to $5,100. You could be facing incarceration of up to one year in jail and must serve 5 days that cannot be suspensed or probated. In lieu of jail time you may be allowed to complete 30 days of community service. Your driver's license would be suspended for one year and you are required to complete the driver's awarness program and the victim's impact panel.
    Answer Applies to: Alabama
    Replied: 2/28/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It depends on what you blew. The Washington State Department of Licensing (DOL) website has a grid that you can consult. If you don't want to go to jail, don't drink and drive. It really is that simple. As far as defending yourself against this charge, you should consider a deferred prosecution if you are eligible. DUI number two is almost certain proof that you have an alcohol problem that can only be addressed by an earnest participation in treatment and AA. Beating a DUI is extremely difficult. At the very least, you need a good DUI defense attorney. He or she may see weaknesses in the case against you. It is almost impossible for a person to represent him or herself on a DUI charge because the testing protocols are such that one would have to understand chemistry and physics. Even if you had a PhD in Physics, the science of breath testing is very complex and unique.
    Answer Applies to: Washington
    Replied: 2/28/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    If this is your second offense within ten years then it is quite serious. You certainly could be looking at jail time since a gross misdemeanor maximum sentence is 1 year in Jail and $3000 fine. Get an experienced DUI attorney to assist you as soon as possible. Your case is very manageable for quality attorney.
    Answer Applies to: Minnesota
    Replied: 2/28/2012
    Law Offices of Scott C. Athen | Scott Carl Athen
    Depending on the period of time between offenses, you may be facing mandatory jail time. You need to speak with an experienced DUI attorney.
    Answer Applies to: Maryland
    Replied: 2/28/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    If the first offense resulted in a misdemeanor conviction, then you are facing up to 4 years jail as an E felony. It may be possible to avoid jail altogether depending on the facts of the second incidence. Hiring an experienced DWI lawyer will help you minimize the potential for a jail sentence. Each attorney has different strategies for achieving that result.
    Answer Applies to: New York
    Replied: 2/28/2012
    Dichter Law Office, PLLC
    Dichter Law Office, PLLC | Jonathan Dichter
    A 2nd offense DUI can carry up to a year in jail, and a mandatory minimum of 30-45 days in jail. You need a lawyer immediately.
    Answer Applies to: Washington
    Replied: 2/28/2012
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