Will I get jail time if I did not get into an accident at the time of my DUI charge? 72 Answers as of June 19, 2013

I was issued a DUI charge and I have a court date coming up. This is my first DUI offense and I have no idea what to expect. Will I go to jail? Nobody else was involved in my case and I was just barely above the legal limit when I took the breath test. What can I do?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
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.
Answer Applies to: California
Replied: 3/12/2012
Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
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.
Answer Applies to: District of Columbia
Replied: 2/27/2012
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
Breathalyzer and blood results are subject to much attack. Hire an attorney especially if your BAC was just above the legal limit.
Answer Applies to: California
Replied: 2/23/2012
West law Office
West law Office | Russell West
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.
Answer Applies to: Washington
Replied: 2/22/2012
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
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.
Answer Applies to: Michigan
Replied: 2/22/2012
    DeVito & Visconti, PA
    DeVito & Visconti, PA | John E DeVito
    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.
    Answer Applies to: Massachusetts
    Replied: 2/20/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    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.
    Answer Applies to: Texas
    Replied: 2/20/2012
    Attorney at Law | Dorinda Ohnstad
    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.
    Answer Applies to: California
    Replied: 2/20/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    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.
    Answer Applies to: Washington
    Replied: 2/20/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Whether the court will execute jail time for a first offense depends upon the policy of the court system involved. It is not a mandatory sentence but some jurisdictions have at times instituted a "get tough" policy to placate voters. It is always a good idea to consult an attorney with all your information. It is possible that there is a defense to raise. It is also possible with a low test that the prosecutor might consider some alternative that will create a better looking record.
    Answer Applies to: Minnesota
    Replied: 2/20/2012
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    You should consult with an experienced criminal law specialist before you decide. Many will offer a free consultation and you should be fully apprised of all aspects of your case before you decide what to do.
    Answer Applies to: California
    Replied: 2/20/2012
    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: 2/20/2012
    Aaronson Law Firm
    Aaronson Law Firm | Michael Aaronson
    You have to get an attorney to represent you. It's very unlikely you're going to get jail time but in order to get the best possible result you should consult with an attorney who can advise you about all your options.
    Answer Applies to: Texas
    Replied: 2/20/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    What to expect for your first time DUI or the first time in ten years. FIRST OFFENSE DUI (NO PRIORS WITHIN 10-YEARS) PROBATION: 3-to-5 Years Informal Probation JAIL: 48-hours and up to 6 months jail time may be imposed COURT FINES: Minimum $390.00 fine to maximum of $1000.00?Note, however that the $390.00 minimum fine, after adding penalty assessments and miscellaneous court fees, results in a total amount due of approximately $1400.00-to-$1800.00. DUI SCHOOL: Attendance at First Offender Program (FOP) Required BAC = .15?3-month FOP BAC .15 to .19?6-month FOP BAC = .20?9-month FOP COURT MAY ALSO ORDER: Impound Vehicle up to 30-days if owned by defendant; Ignition Interlock Device (IID) for up to 3-years INCREASED PENALTIES FOR DUI ENHANCEMENTS: Refusal?An additional 48-hours of Jail Passenger in Vehicle Under Age 14?Additional 48-hours of Jail Speeding = 30 mph on Freeway or = 20 mph on Street or Highway?Additional 60-days Jail
    Answer Applies to: California
    Replied: 2/20/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    In New Hampshire, the DWI penalties for a first time offender with no prior offenses within 10 years in any state is $500 + $120 penalty assessment, 9 month loss of license which can be reduced to 90 days upon entrance into the Impaired Driver Intervention Program within 45 days of conviction, successful completion of the Impaired Driver Intervention Program and any and all recommended aftercare treatment. In order to reinstate your driver's license or NH driving privileges, you will need to pay your fine in full; complete the Impaired Driver Intervention Program and recommended aftercare treatment; obtain an SR-22 insurance certificate from your automobile insurance company and the $100 reinstatement fee. You should contact an experience NH DWI defense attorney in order to review the facts and circumstances of your case.
    Answer Applies to: New Hampshire
    Replied: 2/20/2012
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    The best thing to do is to hire a lawyer. But regardless, for a first DWI offense with a low BAC reading and no accident, you almost surely will not do jail time (but you could). A good lawyer could possibly plea bargain the misdemeanor DWI charge down to a violation of DWAI which would lesson the penalties substantially.
    Answer Applies to: New York
    Replied: 2/20/2012
    Toivonen Law Office | John Toivonen
    If this is your first offense, and you have no criminal record then it is not likely that you will go to jail. However, you may be on probation for several months. Probation may include regular random alcohol and drug testing. Be sure to appear for every required test. Not making it to your test can result in more stringent terms such as being required to appear for alcohol and drug testing for the next 30 days.
    Answer Applies to: Michigan
    Replied: 2/20/2012
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    If you plead guilty or are found guilty, you should be looking at court supervision, which will allow you to keep your license valid, and alcohol counseling. There may, however, be many ways to defend upon the charge.
    Answer Applies to: Illinois
    Replied: 2/20/2012
    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. You'll probably be able to plea to a reduced charge with no jail time.
    Answer Applies to: New York
    Replied: 2/20/2012
    Law Office of Michael E. Hendrickson
    Law Office of Michael E. Hendrickson | Michael E. Hendrickson
    Yes, if convicted, you will be sentenced to a mandatory five days in the local slammer if you BAC was equal to or greater than
    Answer Applies to: Virginia
    Replied: 2/20/2012
    Ross Scaccia Attorney at Law | Ross Scaccia
    For you 1st DUI it is not likely you will go to jail. Having an accident can be material to what a judge would sentence. Having an accident does not mandate jail time . If you plead guilty or are found guilty on a judge trial, you can expect to pay a fine, be sentenced to jail time up to six months. The sentence will, in all likelihood, be suspended and you will be placed on probation for six months to one year You will likely be required to do community service and attend a school that teaches the dangers, perils and penalties for Driving Under the Influence of alcohol. If you chose to plead guilty,the judge will advise you of your legal rights prior to your plea. and explain to you what penalty you will incur on a 2nd offense DUI. (DUI - 'Driving Under the Influence or DWI - Driving While Intoxicated). If you were 'barely above the legal limit" on you alcohol test, the City Attorney MAY reduce your charge to a lesser offence.
    Answer Applies to: Louisiana
    Replied: 2/20/2012
    Jared Justice Attorney at Law
    Jared Justice Attorney at Law | Jared Justice
    You should really consult with an attorney. Every court has its own procedure and nuances. It sounds like your just going for an arraignment, so you will not likely go to jail. I need more information to give you a better answer.
    Answer Applies to: Oregon
    Replied: 2/20/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    The penalties for conviction of a DUI are harsh and the record of the conviction is forever. It is very rare that a first time defendant gets substantial jail time on a DUI unless there are substantial facts that occurred during the arrest. As your legal limit was low you may want to consider talking with an attorney prior to pleading.If you are unable to afford an attorney see if you qualify for representation by an appointed attorney.
    Answer Applies to: Alabama
    Replied: 2/20/2012
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    Different counties have different requirements regarding jail time on a first DUI. In San Diego, there is no jail time on a first. Just a fine of $2K and three month class.
    Answer Applies to: California
    Replied: 2/20/2012
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    It all depends on the judge. I would contact a qualified DUI attorney immediately.
    Answer Applies to: Michigan
    Replied: 2/20/2012
    The Rolloff Law Office, LLC | J. Rolloff
    Odds are the court will impose a jail sentence - the real question is whether you'll have to serve any of that time. Depending on the county, more often than not jail sentences are suspended. Meaning that the jail is "hung" over your head. This is to ensure you will do some of the other things the court (often can and) will order you to do, like get a chemical dependency evaluation and attend a MADD Impact panel. Honestly, a lot can happen if you're convicted for a DWI - beyond jail. To fully understand your rights you should (at the very least) talk to a lawyer who practices in this area.
    Answer Applies to: Minnesota
    Replied: 2/20/2012
    Law Offices of Steven R. Decker
    Law Offices of Steven R. Decker | Steven Decker
    A sentence of supervision is common in Illinois for first time offenders. Expect a fine , classes, and 20 hours of treatment. However, you will avoid jail and still be able to maintain, with restrictions, your driving privileges.
    Answer Applies to: Illinois
    Replied: 2/20/2012
    Seale, Stover & Bisbey
    Seale, Stover & Bisbey | Blair Allan Bisbey
    First offense DWI charges with no aggravating circumstances will usually result in probation with no additional jail time. Some jurisdictions may offer a pretrial diversion program that keeps the conviction off your record and also spares you the $1,000.00 per year for three years DPS surcharge that comes with a DWI conviction.
    Answer Applies to: Texas
    Replied: 2/20/2012
    J.W.Poprawa, Attorney at Law | Joseph W. Poprawa
    It really depends where this offense took place and who your judge is. The maximum penalty is up to 93 days in jail, but most judges do not give out jail time on a first offense - unfortunately some do. Your best bet is to consult an attorney who is familiar with the court where the case will be held.
    Answer Applies to: Michigan
    Replied: 2/20/2012
    Law Offices of Shaun R. Marks, P.C.
    Law Offices of Shaun R. Marks, P.C. | Shaun Marks
    You may or may not get jail time. Just because it is your first offense and there was no accident does not mean you will automatically avoid jail. Depending on which court you are ken, there are some judges who always impose jail for a drinking and driving offense no matter the circumstances. It is my strong recommendation that you or anybody charged with this offense obtain legal counsel to fully examine the evidence. Just because you took a breath test and blewover does not automatically mean you are guilty. A good lawyer will examine all the evidence to determine whether the prosecutor can prove you're guilty beyond a reasonable doubt. Remember, a drunk driving conviction stays on your record for life and there can be many indirect consequences later down the road that most people do not consider. I strongly recommend you do not go to court and plead guilty just because it your first offense and you think nothing serious will happen. You couldn't be more wrong.
    Answer Applies to: Michigan
    Replied: 2/20/2012
    Law Office of Robert Sisson | Robert Sisson
    Unfortunately the owi statute in the state of Wisconsin calls for mandatory jail (in different ants). For second and up oak's.
    Answer Applies to: Wisconsin
    Replied: 2/20/2012
    Ayodele M. Ojo & Associates
    Ayodele M. Ojo & Associates | Ayodele Mayowa Ojo
    As a 1st time offender with relatively low PBT reading, you are not likely to go to jail, Probation and fine with DUI classes will likely be your slap on the back of the hand? if you have no prior. But watch out, it stays on your record for ten years, any other one within ten years, you will likely go to jail.
    Answer Applies to: Minnesota
    Replied: 2/20/2012
    Law Offices of Kenneth M. Christopher ESQ | Kenneth Christopher
    You should hire a lawyer who is familiar with dwi cases there are a number of ramifications to your license, criminal history, and personal finances that csn be best minimized by an attorney. For your first offense you are not likely to be placed in jail however you want an attorney to be able to protect your license at your first appearance. Good luck.
    Answer Applies to: New York
    Replied: 2/20/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    Depends on where it happened. In Los Angeles and Orange Counties, no jail.
    Answer Applies to: California
    Replied: 2/20/2012
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    In order to avoid a conviction and the possibility of jail, fines, loss of driving privileges and the like, you should immediately hire an attorney to defend you. Be wary of just hiring an attorney who will plead you out or will merely hope that the charge will go away.
    Answer Applies to: Hawaii
    Replied: 2/20/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Hire an attorney to represent you. Be sure that going to court without an attorney would be very bad for you. This is a serious charge. I can virtually assure you that you will not go to jail as this is your first offense, but the possibility arises that you could end up with a conviction and sebsequent revocation of your license. If you wish, I will provide a free consultation, if you want more information. If your case arose in the metro chicago area, I could represent you. In any case, retain a qualified attorney to protect your interests completely.
    Answer Applies to: Illinois
    Replied: 2/20/2012
    Lewin & Lewin | Robert D. Lewin
    You need to make an appointment with a good criminal lawyer in your area; the lawyer will have to get all the facts and then a lawyer can intelligently advise you about what you should do.
    Answer Applies to: Massachusetts
    Replied: 2/20/2012
    V Lanny Harchenhorn, Attorney at Law | V Lanny Harchenhorn
    Jail time very unlikely. PBJ likely with good attitude. Court will want alcohol evaluation and probably some program. Call you local health dept. Best of all, get a local, experienced attorney, if possible.
    Answer Applies to: Maryland
    Replied: 2/20/2012
    Aaron Black Law
    Aaron Black Law | Aaron Black
    In Arizona there is mandatory jail for any DUI conviction. It is in your best interest to speak with an attorney before handling this yourself.
    Answer Applies to: Arizona
    Replied: 2/20/2012
    Law Offices of Eric J. Bell | Eric J. Bell
    This will have an impact on your life. I don't think it is likely you will receive jail time. You should hire an experienced DUI lawyer.
    Answer Applies to: Illinois
    Replied: 2/20/2012
    Dowdy Law Office
    Dowdy Law Office | J. Scott Dowdy
    You would be smart to hire an attorney with criminal experience (especially DUI). Jail time will depend upon your prior history and which jurisdiction you are in. All judges and prosecutors are different and representing yourself is not recommended.
    Answer Applies to: Idaho
    Replied: 2/20/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You have only 10 days to save your license. Hire a DUI specialist, and you better do it soon.
    Answer Applies to: California
    Replied: 2/20/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    I would not expect any jail time for a first offense, no accident, low BAC case. Consider hiring a good lawyer to review the evidence and represent you in court and the driver license revocation hearing. Don't forget to request the administrative hearing regarding your drivers license, there is a time limit on the request. Also, make sure you request the presence of the arresting officer.
    Answer Applies to: Colorado
    Replied: 2/20/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should retain my firm or a good criminal lawyer to try and get the case reduced to a violation of Driving While Impaired. That would not be a criminal conviction and your license would only be suspended for 90 days. We can get you a conditional license and the fine will be $500 on average. If you get a good lawyer you may be able to avoid a criminal conviction and the consequences of very high insurance and not being able to get a decent job.
    Answer Applies to: New York
    Replied: 2/20/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    It depends on the prosecutor's office but you may get a sweet deal if your bac was low enough.
    Answer Applies to: Washington
    Replied: 2/20/2012
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    It is impossible to definitively tell you the outcome of your case without more information. However, as a general rule, first offenders do not go to jail. However, the circumstances of the case are important for me to discover. Were you over the age of 21 when this happened? Did you take the breath test? If so, what was the reading? Were there any other charges lodged against you along with the DWI? If so, what were they? Were you in an accident all by yourself, such as hitting a lamppost or something else? Were there any drugs involved? Was there anyone else in the vehicle with you? Were you working at the time? Do you have a drivers license? Do you have a CDL license? If you'd like to get back to me with that information, perhaps our office can assist you. There is no charge for initial consultations. Otherwise, you should retain counsel in your particular area of NY. Good luck.
    Answer Applies to: New York
    Replied: 2/20/2012
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    If you are convicted of a DUI you would have to serve at least 1 day jail. Hopefully, you can get the charge reduced to avoid jail. Good Luck.
    Answer Applies to: Washington
    Replied: 2/20/2012
    Hammerschmidt Broughton Law
    Hammerschmidt Broughton Law | Mark A. Broughton
    The law requires at least 48 hours in jail as a condition of probation, or 96 hours to 6 months in jail if not granted probation. There are a number of other terms, conditions or penalties, such as loss/restricted driver's license and alcohol/drug program, and fines/fees. Some of these depend on the blood alcohol level at the time, but it sounds like you don't have to worry about those. There are a number of good defense strategies, including being able to negotiate a reduced charge. You should contact a good criminal defense attorney to assist you with your case. Good Luck!
    Answer Applies to: California
    Replied: 2/20/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    The results of a DUI charge vary widely dependent on the specifics of your case. Although a DUI conviction can be a maximum of 1 year in jail and a $6,250 fine, this is highly improbable for a first offense. Contact an experienced DUI Lawyer in your area who may be able to answer specifics as they relate to your case.
    Answer Applies to: Oregon
    Replied: 2/20/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    Even a first offense DUI in Georgia requires at least 24 hours in jail. You will, however, get credit for any time you served in jail before bonding out.
    Answer Applies to: Georgia
    Replied: 2/20/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    A good attorney can keep you out of jail. Depending on the jurisdiction, you can get community service instead of jail time. However, depending on the facts of the case, your case could be dismissed or the charges dropped to lesser charges.
    Answer Applies to: California
    Replied: 2/17/2012
    McClendon Owens Melia McBreen LLP
    McClendon Owens Melia McBreen LLP | Richard L. McBreen III
    If this is your first offense, you may not be facing jail time. However, the maximum jail time allowed for a DUII is 1 year, which is technically what a court *could* impose. You may be eligible for the court's diversion program, but there are a number of reasons that you may not. I would suggest contacting an attorney immediately to find out what type of punishment you may be facing.
    Answer Applies to: Oregon
    Replied: 2/17/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    DUI, first offense does not carry a potential jail sentence. If your BAC was just over .08, then you would not be charged with an aggravated offense. You should talk to a competent attorney, with experience defending DUI cases.
    Answer Applies to: New Hampshire
    Replied: 2/17/2012
    The Law Offices of Gabriel Dorman
    The Law Offices of Gabriel Dorman | Gabriel Dorman
    You can and should hire an experienced DUI attorney to represent you. If, as you say in your questions, this is your first DUI charge, that there was no accident and your BAC was just barely above the legal limit, then it would appear that you have some good factors that with the right representation may help you avoid a DUI conviction. Ultimately, it is impossible to talk about the potential consequences for your case without a detailed analysis of all the facts involved. That being said, in general, a first time DUI does not involve any jail sentence. Nonetheless, whatever the best result for your case may be, it will only be achieved with the help of an experienced DUI lawyer. Do yourself a favor and discuss your case with a DUI lawyer
    Answer Applies to: California
    Replied: 2/17/2012
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    When it comes to Jail time, it will depend on where you got the ticket. You should hire an attorney who is familiar with your Court who can tell you that.
    Answer Applies to: Michigan
    Replied: 2/17/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    If this is a first offense, jail time is very unlikely (unless you are under 21). In terms of what you should do, there are many attorneys who will offer you a free consultation and so I would recommend taking advantage of that to interview attorneys and determine whether you think you need the services of qualified and experienced counsel to assist you with this case.
    Answer Applies to: Colorado
    Replied: 2/17/2012
    The Law Offices of Harold L. Wallin | Harold L. Wallin
    Every case and jurisdiction is different. You should consult an attorney who practices in your area.
    Answer Applies to: Illinois
    Replied: 2/17/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    You only have 10 days from the date of your arrest to contact the DMV to schedule a hearing or they will automatically suspend your license. Depending on all the facts of the case, including the reason they pulled you over, your drinking pattern, any statements you made, the performance on your field sobriety tests, the calibration records of the testing equipment and other factors, you may have a defense (or defenses)) to the charges and/or a way to reduce them. Unfortunately, it's not going to be a do-it-yourself project. You're going to need a lawyer. If you can afford to hire one, they will handle the DMV hearing and the court case on your behalf. If you cannot afford an attorney, you may request the services of the public defender when you go to court. A word of caution - the public defender's office does not assist you with the DMV. To answer the basics of your question will you get jail? On a first offense with no wreck and assuming you're over 21, there is no jail time imposed.
    Answer Applies to: California
    Replied: 2/17/2012
    Glass Defense Firm
    Glass Defense Firm | Jason M. Glass
    More than likely not. You would also be a good candidate for the DUI deferral program which would allow you to get it expunged off of your record.
    Answer Applies to: West Virginia
    Replied: 2/17/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    Usually when there is no accident, you are likely not going to face any additional jail time. You will be placed on probation, pay a fine, undergo a chemical evaluation and follow the recommendations, and remain law-abiding. If the test was low enough, you could potentially have the charged reduced to a careless driving as well.
    Answer Applies to: Minnesota
    Replied: 2/17/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Yes you cna get jail. It depends on the judge in the case. He decides if you should go to jail. You need to get an attorney in order to look over the case and to try and keep you out of jail.
    Answer Applies to: Michigan
    Replied: 2/17/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    I recommend that you retain an attorney, because there are many serious consequences to a DUI that have nothing to do with jail, like suspension of your license.
    Answer Applies to: Georgia
    Replied: 2/17/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    Typically, yes, you are looking at jail time. In fact, a standard 1st DUI carries a minimum of 2 days county jail. In your case, you may be looking at more due to the accident. An attorney can help you get this sentence done on alternative sentencing which means that you might be able to do the jail time out of custody (house arrest, community service...).
    Answer Applies to: California
    Replied: 2/17/2012
    The Gorman Law Firm | Scott Gorman
    Has a page in the DWI section that lists the penalties associated with DWI in New Jersey.
    Answer Applies to: New Jersey
    Replied: 6/19/2013
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Active jail time may depend on your BAC test level: 0.15 - 0.20 you get 5 days minimum , and 0.21 or more gets you 10 days at least.
    Answer Applies to: Virginia
    Replied: 2/17/2012
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