Will I have to serve jail time for a DUI? 7 Answers as of August 27, 2010

I was arrested for blowing I think about a .24 into the breathalyzer. I had to spend time in jail. Will I have to go back to jail?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
Yes you have to serve jail time for a DUI. However, how much time and whether you can be covered by time served right after your arrest will depend on the facts of your case. Contact me for a free consultation to discuss your options.
Answer Applies to: California
Replied: 8/26/2010
Nelson & Lawless
Nelson & Lawless | Terry Nelson
The answer will come only from your attorneys negotiations with the DA and court in plea bargaining, based on all the facts including your record. You blew triple the legal limit, so the penalties sought by the DA will certainly be higher than normal. If you do not get an acceptable plea bargain and force it to trial, then if you are convicted you will be sentenced to up to the full stated jail term under the law. If serious about hiring counsel to represent you in this, and if you are in Southern California courts, feel free to contact me.
Answer Applies to: California
Replied: 8/25/2010
Law Office of John Stanko
Law Office of John Stanko | John Stanko
On a 1st offense there is no mandatory jail time written into the statute.

Call me to discuss representation.
Answer Applies to: California
Replied: 8/25/2010
Robert P. Jarvis, PC
Robert P. Jarvis, PC | David Anderson
DUI cases are incredibly complex because of the technology involved. Many DUI defense lawyers believe that a breathalyzer result ALONE means nothing. To be certain, any reading over a .20 is very high, but a high reading alone is not a guarantee of a conviction. There are many talented DUI defense lawyers who can and do win cases even against high test results. Any lawyer who will tell that you have a losing DUI case simply because you have a high test result does not know how to attack breath testing devices.

Regarding additional jail time; anyone convicted of DUI with a BAC over a .20 must serve at least 45 days in jail, according to Arizona law.

Legal matters such DUI are very complicated. We recommend that you seek immediate legal representation. A competent criminal defense lawyer can explain small differences in the law or the facts that could dramatically affect your case. Our office is available 24/7 to represent you with any criminal matter.
Answer Applies to: Arizona
Replied: 8/25/2010
Criminal Defense, Inc.
Criminal Defense, Inc. | Chad Lewin
Probably not, but it depends on many factors. Feel free to call for a consultation.
Answer Applies to: California
Replied: 8/25/2010
Click to View More Answers: