How much jail time for DUI? 40 Answers as of July 02, 2013

How much time would you normally get if you were arrested for DUI and than got arrested 3 months later for driving without a license?

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend you retain a lawyer to help you or you ask the court for legal counsel. It depends on the exact charge, if the person is convicted, the circumstances of the incident, the particular judge, and a litany of other factors, including time served or time served on other matters which technically on bond. In Michigan, judges have a lot of discretion for misdemeanor at a sentencing and the answer varies significantly from judge to judge. Generally, though, if you have a prior history, the odds of being sentenced to jail time increase.
Answer Applies to: Michigan
Replied: 6/21/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
Operating after your license is revoked for OUI is a mandatory 60 days in jail. Hire a good lawyer. I have beaten these cases many times but it is very difficult.
Answer Applies to: Massachusetts
Replied: 3/21/2012
Law Office of Michael R. Garber
Law Office of Michael R. Garber | Michael R. Garber
If it's a first offense you probably won't get any jail time.
Answer Applies to: Louisiana
Replied: 3/16/2012
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
The period of possible incarceration on a conviction of DUI is up to one year in the metro or municipal jail. Normally, for a first time DUI there is no jail time but probation or a suspended sentence. If convicted for driving with license suspended and the reason for the suspension is a DUI, most courts look to likely jail time of up to 6 months.
Answer Applies to: Alabama
Replied: 3/15/2012
Michael Breczinski
Michael Breczinski | Michael Breczinski
That depends on your prior record, why your license was suspended and a number of other factors including what the judge's policy is. You need a good attorney. For first offenses you can get up to 93 days. For second offenses you can goet up to a year.
Answer Applies to: Michigan
Replied: 3/15/2012
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    On a first offense with an otherwise clean record it is unlikely that you will receive jail time other than the time you have already spent. There will be fines, costs, maybe community service, driver's responsibility fees, etc.
    Answer Applies to: Michigan
    Replied: 3/15/2012
    The Law Firm of David Jolly
    The Law Firm of David Jolly | David Jolly
    This is a really tough question to answer. Jail time depends on so many factors such as prior offenses, dangerous driving, passengers in the vehicle, BAC level, etc. However, if the case is still pending and you get another criminal offense (therefore in violation of the pretrial conditions) you can expect either an additional sanction from the Judge (irrespective of the pending DUI) or perhaps a slightly harsher sentence. In the alternative, if you plead to the DUI and then get another criminal offense then the answer is easy: You'll be sentenced to at least an additional 30 days in jail.
    Answer Applies to: Washington
    Replied: 3/14/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If you were given a statutory summary suspension, in Illinois, expect a jail sentence of at least 10 days or probation and 240 hours of community service.
    Answer Applies to: Illinois
    Replied: 3/14/2012
    Law Office of Richard Southard
    Law Office of Richard Southard | Richard C Southard
    There is no set amount of jail time you will get. Sentencing is very discretionary on these cases. In fact with an experienced criminal attorney it may be possible to avoid jail time altogether.
    Answer Applies to: New York
    Replied: 3/14/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    It depends on a lot of factors but maybe none.
    Answer Applies to: New York
    Replied: 3/14/2012
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    A driving after revocation is a misdemeanor offense with a maximum penalty of 90 days in jail and/or a $1000 fine. You also may be in violation of probation for your DUI sentence so additionally it could be whatever the stayed time at sentencing plus the 90 days.
    Answer Applies to: Minnesota
    Replied: 3/14/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You will not usually get jail time for a first DWI conviction unless there were injuries. If you get caught driving on a suspended license after the DWI you could get 6 months in jail.You could plead to a 511-1 and pay a $250 fine and avoid jail or probation if you retain a good criminal lawyer.
    Answer Applies to: New York
    Replied: 3/14/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Depends on the Judge, the DA, your lawyer, and your priors.
    Answer Applies to: Texas
    Replied: 3/14/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You do not say, how many DUIs you have had, or what is on your driving record. A DUI is punishable by a maximum of 1 year in jail, with a one day mandatory minimum. It could be more, depending upon the facts and your sentence. If your DUI is pending and you get a charge of driving while license suspended, then the judge could revoke you and order you to jail until your DUI case is heard and resolved. This is in addition to what time you might get for the new charge of DWLS. Aldso, dependiong upon your record, it could result in the DOL classifying you as a habitual offender and suspending your license for 5 years. You need to retain an attorney.
    Answer Applies to: Washington
    Replied: 3/14/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    It is up to the DA and the judge. DUI carries up to a year, and so does the misdemeanor driving on suspended. While this isn't a 'capital case', you certainly face potential jail and fines, so handle it right. The DA and judge will not be happy with you disregarding the law and court orders. 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, charge reduction, or other decent outcome through plea bargain, or take it to trial if appropriate.
    Answer Applies to: California
    Replied: 3/14/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    10 days minimum for VC 14601.2(a). Contact a DUI specialist, who may be able to have it reduced to a 14601.1(a) or 12500(a), which do not have a mandatory jail requirement.
    Answer Applies to: California
    Replied: 3/14/2012
    Law Office of Neal L. Weinstein
    Law Office of Neal L. Weinstein | Neal L. Weinstein
    If convicted of the OUI and then 3 months later charged with OAS, you could face a 7 day jail sentence, depending upon specific facts. If you paid the reinstatement fee and completed DEEP, although you didn't get your license back, you may be only facing a fine. You should contact an experienced lawyer immediately.
    Answer Applies to: Maine
    Replied: 3/14/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    It depends on the jurisdiction. The mandatory minimum for the driving while suspended is 10 days jail or 30 days community service if charged as a misdemeanor, and 30 days jail if charged as a felony.
    Answer Applies to: Illinois
    Replied: 3/14/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    There is a minimum mandatory amount, but to completely answer the question, one would need to know about your complete driving and criminal history. A plea to a lesser charge with no jail is even possible.
    Answer Applies to: Colorado
    Replied: 3/14/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    You can get up to a year in jail for any misdemeanor charge. Since you were arrested for driving without a license 3 months after the DUI, you really need to find a good criminal defense attorney.
    Answer Applies to: Georgia
    Replied: 3/14/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Depends on the county. Minimum on driving w/o license DUI is 10 days.
    Answer Applies to: California
    Replied: 3/14/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    There is likely a Mandatory 90 days (that can be litigated/negotiated/altered by a good lawyer) for what you describe.
    Answer Applies to: Pennsylvania
    Replied: 3/14/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    First offense DWI carries a maximum of 6 months in jail & $2,000 fine unless you blew .15 or higher, and then it is a maximum of 1 year in jail.
    Answer Applies to: Texas
    Replied: 3/14/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    If you are arrested for Driving While Suspended shortly after a DUI conviction/diversion entry there are many things to worry about. The first is the new charge of DWS which is a Class A misdemeanor (up to 1 year in custody and a $6,250 fine) the second is a possible Probation Violation/Diversion Revocation. What this means is that a new DWS charge can lead to two different punishments from the courts. Dependent on the county and your DUI Lawyer you may be able to bargain down a DWS to no jail time, and just extending probation, but it is difficult. Contact a skilled DUI Lawyer to help you through this difficult time.
    Answer Applies to: Oregon
    Replied: 3/14/2012
    Law Office of Robert Sisson | Robert Sisson
    Its depends on a number of factors. I don't really have information to properly assess your case.
    Answer Applies to: Wisconsin
    Replied: 7/2/2013
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    If you were arrested for Driving After Suspension (a Class A Misdemeanor) while still having your license suspended or revoked for DWI in NH, you are facing the following penalties: 7 days in jail, 1 year additional loss of license, installation of ignition interlock device for 12 months upon reinstatement. The maximum penalty is up to 12 months in jail and or up to a $2,000 fine.
    Answer Applies to: New Hampshire
    Replied: 3/14/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    It depends. Sentences vary widely from place to place.
    Answer Applies to: Georgia
    Replied: 3/14/2012
    Pingelton Law Firm | Dan Pingelton
    Depends. Get a lawyer. You are probably looking at some jail time in most jurisdictions because of your driving w/o a license.
    Answer Applies to: Missouri
    Replied: 3/14/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    The statute calls for 10 days to 6 months. However, a good attorney can likely keep you out of jail.
    Answer Applies to: California
    Replied: 3/14/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    DUI, first offense does not carry a jail sentence. However, if you are convicted of driving after suspension and the suspension is based upon a DUI conviction or related suspension, then the mandatory minimum penalty is 7 days in the house of correction if you are convicted.
    Answer Applies to: New Hampshire
    Replied: 3/14/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    It depends on several factors, including which county you are in, what your BAC was, and what your prior history looks like. It also depends on why your license was suspended. If your license was suspended for a DUI that carries a minimum of 30 days in jail and up to 6 months.
    Answer Applies to: West Virginia
    Replied: 3/14/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    If the driving without a license if for the DWI conviction, you will go to jail for no less than 10-days and no more than 90-days.
    Answer Applies to: New Jersey
    Replied: 3/14/2012
    Law Offices of Matthew Murillo
    Law Offices of Matthew Murillo | Matthew Murillo
    Depends on circumstances of arrest. Generally speaking, a first time offense can usually be resolved for no jail, and little to no community service in my area.
    Answer Applies to: California
    Replied: 3/14/2012
    Law Offices of Douglas J. Lindsay
    Law Offices of Douglas J. Lindsay | Douglas J. Lindsay
    Every circumstance and arrest situation is unique. There is no certainty as to what your punishment will be for a DUI offense and conviction. You do not say if this is your first, second, third offense ... etc. It is entirely discretionary with the presiding Judge. The possible penalties that would be placed upon you, if convicted, would be contained in the Advice of Rights form which would provided to you by the Clerk of the Court, in the criminal division.
    Answer Applies to: Michigan
    Replied: 3/14/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    93 days
    Answer Applies to: Michigan
    Replied: 3/14/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    Depends of the jurisdiction and the judge who has discretion between minimums and maximums, you should engage an attorney and provide all details in order to receive an reasoned and knowledgeable opinion.
    Answer Applies to: Michigan
    Replied: 3/14/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    It depends on whether or not your license wasn't valid or it was suspended. If it was suspended, the reason for the suspension (because the DMV suspended it or because it was suspended because you were convicted of DUI) matters. If it was suspended for a DUI conviction, you're facing mandatory jail time, large fines and the installation of an ignition interlock device. If your DUI is an open case and now you're facing two cases, your lawyer (yes, you absolutely need one) may be able to keep you out of jail.
    Answer Applies to: California
    Replied: 3/14/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    On a first offense DUI the possible jail time is 7 to 60 days in jail. Having said that most people get probation and no jail.
    Answer Applies to: Nebraska
    Replied: 3/14/2012
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    It depends on the court your matter in, but a conviction of VC 14601.2 driving on a suspended license has a minimum 10 day jail sentence. Contact an attorney in your area to discuss your case further.
    Answer Applies to: California
    Replied: 3/14/2012
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