Will I do jail time for my first DUI? 13 Answers as of February 24, 2012

I received a first DUI in California, February 2011. I have nothing on my record other than minor traffic violations. I've been reading that its possible to go to jail from 4 days to 6 months for a first offense? I am somewhat worried about going to jail, is it mandatory? What can I do to prevent jail time? Can I do community service as an alternative. I believe had a bac of .15 if that helps. Thank You!

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Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
You need to speak to an attorney right away. Generally in San Diego, first time DUIs do not carry jail time. But if you do not contact the DMV within 10 days of the arrest you will lose your chance to save your license. There are numerous issues which need to be explored in any DUI case. Please do yourself a favor and contact a lawyer ASAP.
Answer Applies to: California
Replied: 3/7/2011
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Without knowing more about your case and which court it is, the typical first time DUI results in no jailtime. But you shouldn't just be happy to plead guilty if there is no jail time. Consult a DUI specialist, who can help you explorer alternatives. If all you care about is doing no jail, you may be aiming a bit low.
Answer Applies to: California
Replied: 3/2/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Though mandatory jail time is required, even for a first DUI, the Judge haswide discretion. The minimum is 96 hours.If you were in jail overnight, you havetwo days' credit time served. Many Courts want a minimum of six days. Some Counties want more, and some less. You can almost always serve the time in a Work Release Program, or in House Arrest (aka 'Electronic Confinement'), though some jurisdictions are harsh. Work Release is not the same as Community Service, but it is similar. It is run through aCounty office. There are fees involved. Electronic Detention has a daily fee as well, on a slidingscale. Your BAC of 0.15% is a bit high, but you should still be able to get a 16-week DUI class (AB-541).
Answer Applies to: California
Replied: 3/2/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Depends whether you can get a plea bargain that avoids jail. If you go to trial and lose, then yes you will.
Answer Applies to: California
Replied: 3/2/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
You might avoid jail time if you go in by yourself. Some judges won't impose time. In order to insure that result, hire a good lawyer. Our firm has not allowed a jail sentence for that offense in 10 years. To get more info or to retain our firm call us.
Answer Applies to: California
Replied: 3/2/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Typically a conviction for a first offense DUI with a BAC of 0.15 will lead to four days in jail. However, there are alternatives to actually doing jail time. You might want to consider Volunteer service, or even Home confinement. Additionally, if you face losing your job by missing four days, you could investigate a work release program. Good luck with your case.
    Answer Applies to: California
    Replied: 3/1/2011
    Fitch Law Office
    Fitch Law Office | Angeli R. Fitch
    See an attorney to discuss your options.
    Answer Applies to: California
    Replied: 3/1/2011
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    It is unlikely you will do jail time on your first DUI.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Depends on the court- could range from 24 hours- 5days; most likely 48 hours.
    Answer Applies to: California
    Replied: 3/1/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    In most counties you will not get jail time (incarceration). You will probably get 2 days jail but it can be served by Sheriff's Alternative Work Program (they have different names for this in different counties) where you pick up trash for a couple of days. Also the day of your arrest counts for one of the two days and if you didn't get released until the next day you get "credit for time served" so you don't have to do any jail or work time. But, a DUI is VERY expensive. You will be fined about $1800; you will have to go to a 6 month DUI school which is also expensive; add the cost of a lawyer (which you really don't need for a first offender) and you are seriously financially injured. The reason for this is to show people how serious it is to drive while intoxicated.
    Answer Applies to: California
    Replied: 3/1/2011
    Law Offices of Lawrence Wolf
    Law Offices of Lawrence Wolf | Lawrence Wolf
    You will not go to jail.
    Answer Applies to: California
    Replied: 3/1/2011
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