Will I go to jail for my second DUI? 13 Answers as of May 07, 2013

I just got a second DUI how much jail time am I looking at? I blew double the limit and I hit a tree. In CO

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Hudson Bair | Hudson Bair
You should consult a DUI lawyer, the statute permits sentencing up to one year, many counties require 96 hours in jail at a minimum. Your answer will depend upon the judge, prosecutor and policies of the jurisdiction where your case will be filed. A DUI lawyer can also help you avoid jail and potentially help you avoid the consequences of your accident.
Answer Applies to: California
Replied: 5/7/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
You are going to jail. You should expect 90-120 days.
Answer Applies to: Georgia
Replied: 5/2/2013
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
Minimum is 4 days in county jail. Hire a DUI specialist, because even a slight reduction in charge can obviate the jail requirement.
Answer Applies to: California
Replied: 5/2/2013
Universal Law Group, Inc. | Francis John Cowhig
You are looking at a potential jail sentence of 90 days to 1 year in jail. Whether you will actually go to jail will depend on how long ago your 1st DUI was and good your attorney is.
Answer Applies to: California
Replied: 5/7/2013
Cynthia Henley, Lawyer
Cynthia Henley, Lawyer | Cynthia Henley
If no one was hurt, it is a class A misdemeanor which carries up to 1 year in jail and up to $4,000 fine.
Answer Applies to: Texas
Replied: 5/7/2013
    Law Office of Geoffrey M. Yaryan
    Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
    There is a mandatory minimum jail sentence for a second DUI in California. With the high blood alcohol level and the accident you will certainly get custody time, however it can often be served in a work release program, or electric monitoring which is house arrest.
    Answer Applies to: California
    Replied: 5/3/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    A lot depends on the jurisdiction where the case arises. Some states have mandatory jail sentences for second time offenders, while others do not. I would advise you to retain an attorney who practices in the county where the DUI will be held. He would be in the best position to inform you of the possible consequences on this case.
    Answer Applies to: Illinois
    Replied: 5/6/2013
    Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
    In Colorado- you are facing a minimum of 10 days in jail but I would anticipate additional time if the prior conviction was within 5 years and because of the elevated BAC and accident. You may be able to request a lower jail time, if you can find factors in mitigation or request alternatives to jail time. As this is a second offense, the punishments and consequences are harsher. You may want to consider retaining a good DUI attorney in your area to review factors of mitigation and potential lessening arguments.
    Answer Applies to: Colorado
    Replied: 5/6/2013
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    Up to a Year in Jail, a $2500 fine, license suspension and ignition interlock if you get a restricted license.
    Answer Applies to: Virginia
    Replied: 5/6/2013
    William A. Siebert
    William A. Siebert | William A. Siebert
    You will do at least a weekend in jail, possibly more. Talk to the attorney the court will give you.
    Answer Applies to: Michigan
    Replied: 5/6/2013
    Brown and Hayes Attorneys at Law, LLC | Christopher R. Hayes
    If you are convicted of the class A misdemeanor driving while intoxicated, Missouri Statute 577.023 mandates that a judge sentence you to serve 10 days in the county jail unless you are approved for a DWI court program or complete a certain number of community service hours within a certain amount of time. The range of punishment for a class A misdemeanor is one day up to one year in the county jail and/or a fine not to exceed $1,000.00. In addition, you are facing a license revocation for at least one year and possibly up to 5 years. You need to hire an attorney anytime you are facing a criminal charge. You would not try to rebuild your car engine or rewire your house, would you? So why would you try to represent yourself in a criminal case?
    Answer Applies to: Missouri
    Replied: 5/6/2013
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