Will I get jail time if I did not get into an accident at the time of my DUI charge? 70 Answers as of March 12, 2012

Every crime carries potential jail time. DUI without an accident is charged as a misdemeanor with up to a year jail potential. However, if you have no priors, your attorney may be able to avoid jail for you.

There is no automatic jail time in these cases. You may be qualified for a diversion program and you should consult an attorney who is skilled in the defense of DUI cases.

What you can do is hire a lawyer. There are lots of other implications in addition to whether you do any jail time.

Breathalyzer and blood results are subject to much attack. Hire an attorney especially if your BAC was just above the legal limit.

If convicted of a DUI in WA state and BAC was <.15 there is a minimum 1 days in jaid. If over a .15 then minimum 2 days in jail. There is a good chance you can get this reduced to a Neg 1 if your BAC was low and a first DUI. Generally if reduced to a Neg 1 then there will be no jail time but depends on the deal the prosecutor gives and the Judge agrees to.

I'd recommend you get a lawyer. You are presumed innocent until proven guilty beyond a reasonable doubt. You have a right to council. If you cannot afford to retain a lawyer, notify the court that you would like a court-appointed attorney to represent you payable at the public's expense. Generally, a person would not be remanded to custody unless they plead guilty and are sentenced, have their bond revoked, or go to a trial, get convicted, and then either have their bond revoked until sentencing, or get sentenced. You have a right to a trial and are presumed innocent until proven guilty beyond a reasonable doubt. These cases may feature several different pretrials or motions and can proceed for several months or longer after your initial arraignment. As long as you comply with the terms of your bond, you would not be remanded to jail unless you are convicted or accept a plea with no agreement on jail time and are then sentenced to jail by the judge. While a OUI is a misdemeanor, people convicted of this offense may not serve any jail time; it depends on the circumstances, the particular judge, the court, a person's past criminal history, or other factors. Some district-court judges always require at-least some jail time for people convicted of an OUI. However, a majority of judges in this state aren't that rigid in their policies. In some situations, a person may choose to accept a plea-bargain to lesser offense or the Prosecuting attorney may offer to plead as-charged with an agreement of no up-front jail. As long as a judge agrees to the terms of a plea-bargain, there can be some discretion during negotiations with these types of cases. There is no simple answer because it depends on a lot of different factors and district-court judges have a lot of discretion regarding these matters. I'd recommend you retain a lawyer.

You are not likely to go to jail on a first offense OUI in Massachusetts. A conviction can often be avoided for a first offense with no accident and a low breath test. You should have the case assessed by a skilled OUI attorney. There may be technical issues that could result in having the charges dismissed. A common rule of thumb among experienced OUI attorneys is that no accident and no breath test is a case that should be tried. If your case involved a low breath test and no accident; you may have a triable case. I suggest you consult an attorney.

Hire an aggressive DWI attorney in your area. Depending on the county and the DA your punishment could be nothing all the way to 6 months in jail. You need to hire an attorney.

First, if you were just barely above the legal limit (.08) you have a chance at getting the case reduced to a wet reckless, which requires no jail time. A first time DUI, by statute, requires a minimum 48 hours of jail time. However, most counties will allow you the opportunity to do any jail time by alternative sentencing (community service, ankle monitoring, etc.). Likely you were booked in when charged, if not the court will require a book and release, which will count for one day of your jail time. Keep in mind that while the law requires a minimum of 4 days, that is simply the minimum. Each county/DA/judge will have their own standard depending on the facts of the case. My experience is that generally there is a minimum of 5 days, but again it can be done by alternative sentencing.

It does not matter whether of not anyone else was involved. If you are convicted of a DUI, jail time is mandatory. How much depends upon your prior criminal history, the facts of your case, and what your breath level was at the time of your arrest. You need to hire an attorney. The penalties for a conviction go far beyond jail time. In addition, you have loss of license, drug/alcohol counseling, fines and penalties, high risk insurance, guardian interlock device on your car. Hire an attorney.