Will I have to serve jail time for my first DUI? 76 Answers as of June 28, 2013

I was following too close to the truck in front of me and kept hitting the breaks. A cop saw this and pulled me over; I blew a .11.

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Law Office of Thomas A. Medford, Jr., PC
Law Office of Thomas A. Medford, Jr., PC | Thomas A. Medford, Jr.
DC has a diversion program which might result in the DUI charge being dismissed upon successful completion of an alcohol education program. The local prosecutor's office should have information on the program or you can consult an attorney.
Answer Applies to: District of Columbia
Replied: 8/13/2012
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
I would seriously doubt you will be sentenced to any jail time at all.
Answer Applies to: Illinois
Replied: 8/13/2012
Anderson Law Office
Anderson Law Office | Scott L. Anderson
It depends on the county, prosecutor and judge. Please seek representation.
Answer Applies to: Minnesota
Replied: 8/10/2012
Klisz Law Office, PLLC
Klisz Law Office, PLLC | Timothy J. Klisz
Not likely except in certain courts. Get an attorney who can best plan the case strategy with you.
Answer Applies to: Michigan
Replied: 8/10/2012
Law Office of Mark Bruce
Law Office of Mark Bruce | Mark Corwin Bruce
It's unlikely you will serve jail time if you plead to a first time DUI with a .11 level.
Answer Applies to: California
Replied: 8/10/2012
    Austin Hirschhorn, P.C.
    Austin Hirschhorn, P.C. | Austin Hirschhorn
    Possibly not. It depends on the court where the case is heard. There are some judges who sentence first offenders to jail, but fortunately they are in the minority of the sitting judges. Because of the consequences of an OWI conviction not only with the court but with the Secretary of State who administers your driving privilege it is my recommendation that you hire a lawyer who may be able to negotiate a plea bargain to a lesser charge that might entitle you to get a restricted license for work and other purposes and keep the fines and costs to a level you can manage.
    Answer Applies to: Michigan
    Replied: 8/10/2012
    THE LOCKHART LAW FIRM | CLAYTON LOCKHART
    Generally there is jail time for a DUI, but in most cases that jail time is suspended for a first offense. The jail time is normally held over your head as incentive to complete whatever other requirements and conditions the court imposes upon you as part of your sentencing for the DUI (i.e., payment of fines, completion of substance abuse counseling, completion of probatioin, ect,)
    Answer Applies to: Mississippi
    Replied: 8/9/2012
    Haerter, Steele & Associates | Brian Steele
    Though in most cases you will avoid initial jail time on a first DWI, it is important you take the matter seriously. Some courts are sentencing some jail on a first time DWI. More importantly, all courts will stay up to 90 days in jail and place you on probation. That means, if you violate a term of probation you will go to jail. It is important to manage the terms of the probation at sentencing to avoid any unreasonable terms.
    Answer Applies to: Minnesota
    Replied: 8/8/2012
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    It depends on how your case is finally resolved. Most courts have a minimum amount of jail that is imposed on a first offense but it is usually servable in a work program.
    Answer Applies to: California
    Replied: 8/8/2012
    Michael E. Jones, P.S. | Michael E. Jones
    Dui's with your circumstances are frequently amended to lesser charges that avoid jail sentences; however, ALL defendants convicted of DUI MUST receive a jail sentence of at least one day (24 hours) in the local jail. Whether a reduction is available depends on a myriad of factors. You should immediately seek the advice of an experienced, local attorney who knows the prosecutor handling your case.
    Answer Applies to: Washington
    Replied: 8/8/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    If you have an otherwise clean record, other than the initial night you spent in jail when you were arrested, it is unlikely that you will serve any additional time in jail.
    Answer Applies to: Michigan
    Replied: 8/8/2012
    Goodgame Law, LLC
    Goodgame Law, LLC | Jeffrey L Goodgame
    Generally, you will not serve jail time for a first DUI conviction. However, it is a serious charge and will be on your record. This could definitely affect future employment and your insurance costs. You should hire a skilled DUI attorney to represent you in this matter.
    Answer Applies to: Alabama
    Replied: 8/8/2012
    Larry K. Dunn & Associates | Larry K. Dunn
    A first offense DUI has a minimum penalty of two days in jail or 48 hours of community service and a maximum penalty of 6 months in jail. A judge would consider "aggravating" factors to determine if a person should be sentenced to more than the minimum penalty of 48 hours of community service such as the blood alcohol level and a person's prior criminal history. While no attorney can guarantee what penalty a judge will impose, it is rare that a person with a .11 blood alcohol level and no significant aggravating factors would be sentenced to more than the minimum penalty.
    Answer Applies to: Nevada
    Replied: 8/8/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    First time DUI will not be serving more than seven (7) days in jail. However, you need to ask yourself what do I need to change to not get a second DUI.
    Answer Applies to: Georgia
    Replied: 8/8/2012
    Law Offices of Patricia M. Corrales
    Law Offices of Patricia M. Corrales | Patricia M. Corrales
    Possibly. No lawyer can guarantee that you will draw "a get out jail" card; thus be prepared for possible jail but hope for the best. Is it possible to not get any jail time and all you get is probation with terms and conditions...yes, it's possible. You should really have an experienced defense attorney assisting you to obtain a favorable plea negotiation on your behalf.
    Answer Applies to: California
    Replied: 8/8/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Probably not, but that doesn't mean you should just plead guilty. Contact a DUI specialist to see how the consequences can be minimized. Don't give up just because you blew over; everybody does.
    Answer Applies to: California
    Replied: 8/8/2012
    Universal Law Group, Inc. | Francis John Cowhig
    Depending on the County where the arrest occurred, generally a 1st time DUI offender will not do any jail time. However, the defendant will need to jump through some hoops and will be on informal probation from 3 to 5 years. The courts usually orders that the defendant pay a fine and penalty assessments which amounts to approximately $1,800.00 plus various other court costs and fees, and either community service or community labor. In addition the defendant must enroll and complete a DUI program. Some courts also require that the defendant participate in a HAM (Hospital and Morgue) Program, MADD (Mothers Against Drunk Driving) Program and have their license suspended. Some courts also require an interlocking device be placed on the Defendant's car, although they can, and sometimes do, defer this to the Department of Motor Vehicle. I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she would then be in a better position to analyze you case and advise you of your options.
    Answer Applies to: California
    Replied: 8/8/2012
    Ryan Berman, Esq | Ryan Berman
    It depends on the Judge you have and jurisdiction (court). Some Judges are known to sentence all offenders to a minimum of a few days in jail, but most only will set probation for first time offenders.
    Answer Applies to: Michigan
    Replied: 8/8/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    It is very unlikely that you will serve jail time for your first DUI. You will want to explore the standards for ARD in the county where this happened with a good criminal defense attorney.
    Answer Applies to: Pennsylvania
    Replied: 8/8/2012
    Alvin Lundgren | Alvin Lundgren
    It will depend on all of the facts, your history, the prosecution and the judge.
    Answer Applies to: Utah
    Replied: 8/8/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    Unlikely. Based on these ltd. facts, you should explore ARD and/or the "DUI Hotel."
    Answer Applies to: Pennsylvania
    Replied: 8/8/2012
    VALENTE SCHARG & ASSOCIATES | DEAN VALENTE
    Depends on the jurisdiction and judge you draw. Yes, some judges and some courts do have "policy" of sentencing 1st time OWI offenders to jail.
    Answer Applies to: Michigan
    Replied: 8/8/2012
    Douglas M. Philpott, P.C. | Peter J. Philpott
    Generally no with your bac you will likely do a couple classes and fines and costs.
    Answer Applies to: Michigan
    Replied: 8/8/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Not necessarily. The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc. However, if you have no other record of priors, and your attorney handles it right, I would expect to obtain a deal that does not include jail. You should expect substantial fines, probation, etc. to get to that point. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you do not win the appeal, you can still apply later for a restricted license for to/from work and school, etc., after serving at least of the full suspension period. If you don't know how to do these things effectively, then hire an attorney that does.
    Answer Applies to: California
    Replied: 8/8/2012
    Law Offices of Brian J. Lockwood
    Law Offices of Brian J. Lockwood | Brian J. Lockwoood
    That depends entirely on your Judge and your prosecutor. That being said, most people do not receive a jail sentence initially on a DUI. However, you should consult an attorney to discuss the specifics of your case.
    Answer Applies to: Alabama
    Replied: 8/8/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    You are not likely to get jail time unless you disobey the judge.
    Answer Applies to: New York
    Replied: 8/8/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    The minimum jail time for a first DUI is 48 hours, usually followed by a 12 month probation. Some cases will be eligible for a two day DUI class which is credited towards the 48 hr minimum.
    Answer Applies to: Kansas
    Replied: 8/8/2012
    Attorney at Law
    Attorney at Law | Lance Daniel
    Jail time? Unlikely based on the facts you present. You may have to do an alternative sentence such as Sheriff's Work Project, or Electronic monitoring.
    Answer Applies to: California
    Replied: 8/8/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    In most jurisdictions, you will not serve any jail time, and may be able to get the charge reduced to a careless driving. Those counties that do require a day or two in jail on a first offense usually allow for a community work service option instead of actual jail time as well.
    Answer Applies to: Minnesota
    Replied: 8/8/2012
    Clos, Russell & Wirth, P.C. | Gary A. Russell
    The maximum penalty for an Operating While Intoxicate (OWI) first offense is 93 days in jail Typically first time offenders receive probation in lieu of jail time, but that is at the discretion of the judge. Some judges in Michigan have a reputation of sentencing even first time offenders to some jail time. Therefore, it all depends upon which jurisdiction your in and which judge you are assigned to.
    Answer Applies to: Michigan
    Replied: 8/8/2012
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    Some jurisdictions do require some amount of jail time even on a first offense. It may only be a few days but it will be usually followed by a probation with a lot more time hanging over you. Even if you are in a jurisdiction that does not have the first time jail requirement, you face a substantial consequence on your driving record if the conviction occurs. You may be able to get some relief if your lawyer can negotiate some better deal for you with the prosecutor. A low breath test, no priors and no accident involved are all factors in your favor.
    Answer Applies to: Missouri
    Replied: 8/8/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    On a first offense you can get 7 to 60 days in jail. You would not get jail if you receive probation.
    Answer Applies to: Nebraska
    Replied: 8/8/2012
    Law Offices of Steven R. Decker
    Law Offices of Steven R. Decker | Steven Decker
    Most unlikely. You are a first offender, you blew under a .16, and there was not an accident.
    Answer Applies to: Illinois
    Replied: 8/8/2012
    Darrell B. Reynolds, P.C. | Darrell B. Reynolds
    Without knowing more about you and you situation, I can not properly answer your question. I suggest you immediately retain an attorney in this matter.
    Answer Applies to: Georgia
    Replied: 8/8/2012
    Toivonen Law Office | John Toivonen
    If you are convicted for your first intoxicated driving charge, it is not likely that you will do jail time. However, there is no guarantee of no jail time. If you have an extensive criminal record and you are convicted, the judge may decide to give you jail time.
    Answer Applies to: Michigan
    Replied: 8/8/2012
    Law Office of Bernal Peter Ojeda | Bernal Peter Ojeda
    Depends which County your in. In Los Angeles no. In Ventura and Orange County yes. Kern County no. You need to check.
    Answer Applies to: California
    Replied: 8/8/2012
    Law Office of Charles J. Block
    Law Office of Charles J. Block | Charles J. Block
    Not usually - exposure is 30-days or 60-days if a school zone - but jail time on a first offense would be based upon unusual circumstances.
    Answer Applies to: New Jersey
    Replied: 8/8/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    I doubt that you will be sentenced to serve time on a first time DUI. The earning (.11) is very low.
    Answer Applies to: Alabama
    Replied: 8/8/2012
    Pearson, Butler, & Carson, PLLC
    Pearson, Butler, & Carson, PLLC | Matthew R. Kober
    There is a minimum mandatory time of 2 days on a first DUI. However, a good DUI attorney can sometimes get that waived and converted to community service if you want to do that instead. Keep in mind this is merely a minimum. There is a maximum of 180 days. On a first DUI at .11, as long as noone got injured or died or there wasn't any huge aggravating factors, I would imagine you would be eligible for the minimum.
    Answer Applies to: Utah
    Replied: 8/8/2012
    William C. Gosnell, Attorney at Law
    William C. Gosnell, Attorney at Law | William C. Gosnell
    That would be 48 hours.
    Answer Applies to: Tennessee
    Replied: 8/8/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    It depends on you, the court, the district attorney, the jury (if you go that far) and the victim (if there was an accident). The range of punishment includes up to 180 days in jail for a first DUI/DWI but there is no minimum or mandatory jail time with the facts you gave. You need to hire a lawyer and work on a defense to avoid conviction, jail is the least of your worries - annual surcharges ($1000/year for three years) higher insurance, and a criminal record are far worse than 2 or 3 days in the county jail.
    Answer Applies to: Texas
    Replied: 8/8/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    On a first offense you will be allowed to plead to a DWAI violation and pay a $500 fine. You will get a 90 day suspension and go to Drinking Driver School where you will get a conditional license. Your insurance will be very expensive and you may have problems getting a decent job even with a DWAI conviction, but it is better than getting a DWI which is a criminal conviction. It would have been a lot safer and cheaper to take a taxi.
    Answer Applies to: New York
    Replied: 8/8/2012
    Nenye Uche—Attorney at Law
    Nenye Uche—Attorney at Law | Nenye Uche
    Absolutely not! You are eligible for supervision especially if you are within Cook County. With that being said, I am assuming that this is a misdemeanor charge that did not involve any serious injury. Also, regardless of if you blew a .11, you still should hire an attorney who would review the facts in your case. Sometimes, police officers make mistakes with certain procedures while administering the breath test. In addition, a judge, just might disagree with the reason the police officer pulled you over. Such factors could weaken the prosecutions case against you and/or might save you from losing your license for the next six months.
    Answer Applies to: Illinois
    Replied: 7/31/2012
    Law Offices of Cristian Towers | Cristian Towers
    The conventional answer is NO. However, I will note that I have appeared before certain judges in NJ who felt that even a first offense of DUI warranted SOME jail time. The Statute permits up to 30 days for a non-enhanced conviction. As long as your driving history isn't poor and you were cooperative with the officer, you shouldn't get a jail term.
    Answer Applies to: New Jersey
    Replied: 8/8/2012
    Christensen Corbett & Pankratz
    Christensen Corbett & Pankratz | Craig L. Pankratz
    It depends on your judge. Utah law mandates 48 hours in jail for a first DUI, but it does allow 48 hours of community service to substitute for the jail time. The judge ultimately decides whether to send you to jail or to give you community service.
    Answer Applies to: Utah
    Replied: 8/8/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    Not usually. But depends on the Judge, the county, your criminal history and your lawyer. Hire a DWI attorney and fight it with everything you got.
    Answer Applies to: Texas
    Replied: 8/8/2012
    Gregory Casale Attorney at Law
    Gregory Casale Attorney at Law | Gregory Casale
    Although the statute allows for up to 2.5 years in the house of correction for even a 1st offense OUI, it is far more likely that you will receive 1 year of probation. Most Assistant District Attorneys will allow a person, especially represented by counsel, to plead to a 1 year of probation with drunk driving classes. You really should have an attorney, even if you plan on pleading Guilty to this offense. In 9 out of 10 cases (my own rough estimate, nothing scientific) defendants get a far better disposition with an attorney than they get pro se (without counsel). What is even more important is that you never know if there are any issues that can be challenged in your case unless an attorney, experienced in OUI/DWI/DUI Defense reviews the file. There could be a problem with the stop, the breath test administration, its results, the booking video could reveal something... there are many pitfalls that police officers, even experienced police officers fall into. I can't even tell you how many clients I have had who told me the story about an earlier conviction that they "saved money on" by going without a lawyer only to listen and hear things that could have saved them a conviction. I have no idea if you have any issues in your case that could be challenged that may effect the outcome. But that is exactly the point! No one will ever know until it is too late if you go in without an attorney and plead guilty to any criminal offense. Furthermore, since the court will provide you a lawyer if you cannot afford private counsel, there is really no defendant who cannot afford to at least let a lawyer review their file and advise them. I wish you the best.
    Answer Applies to: Massachusetts
    Replied: 8/8/2012
    Lee Law Group | Ernest Lee
    Friend: Probably not, . if it's your first DUI. Most times your license will be suspended for 6 mths and you will be fined,. In my county, San Diego, the various and sundry files and fees total approx. $ 1500 -1800. If you have a need you can get a restricted driving privileges, i.e., where you may drive to work, school, or to get med care/take a relative to med care. You are not eligible for the restricted driving privilege license until 30 days after the DUI acquisition date. But in all reality you should hire counsel because they may be able to get your DUI reduced to a lesser offense so that you do not have a regular DUI on your driving record. In addition, if you challenge the constitutionality of the DUI within the first 10 days through the DMV you may be able to get the DUI dismissed.
    Answer Applies to: California
    Replied: 8/1/2012
    San Diego DUI Law Center
    San Diego DUI Law Center | Rick Mueller
    Although jail can be imposed, it is not probably. Consult a DUI Attorney Specialist in the particular California county who is more familiar with local practices.
    Answer Applies to: California
    Replied: 8/8/2012
    MatthewR. Schutz, Esq | Matthew R. Schutz
    There isa possibility of up to 30 days jail time associated with a first DUI. You will be required to attend an Intoxicated driver resource center for 12 to 48 hours. In addition there are stiff fines.
    Answer Applies to: New Jersey
    Replied: 8/8/2012
    Gary Moore, Attorney at Law
    Gary Moore, Attorney at Law | Gary Moore
    First time DUI offenders do not usually get jail time upon conviction.
    Answer Applies to: New Jersey
    Replied: 8/8/2012
    Raiser & Kenniff, PC
    Raiser & Kenniff, PC | Steve Raiser
    It is unlikely. In fact you should be able to avoid a criminal conviction as well.
    Answer Applies to: New York
    Replied: 8/8/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    I would be SHOCKED if you served even a single day in jail on a first offense at .11 with no accident. Good luck!
    Answer Applies to: Colorado
    Replied: 8/8/2012
    Law Offices of Konstantin D. Gurovich dba GBA LEGAL
    Law Offices of Konstantin D. Gurovich dba GBA LEGAL | Konstantin D. Gurovich, Esq.
    Your question depends on the county and state you received your DUI in. Most first time DUI charges in California do not contain jail time unless you had a collision. In your case there is no collision. I do recommend you retain counsel because some attorney are able to get settlement to a wet and reckless charge rather then a DUI or even dismiss the case altogether based on the evidence in the police report.
    Answer Applies to: California
    Replied: 7/31/2012
    Conway Law Pllc.
    Conway Law Pllc. | B. L. Conway
    You could get jail time. I don't want to scare you but you are looking at up to 1 Year in jail, license suspension and a $2500.00 fine.
    Answer Applies to: Virginia
    Replied: 8/8/2012
    Walpole Law | Robert J. Walpole
    The penalty in Oklahoma for a first offense DUI is up to one (1) year in the county jail and/or $1,000.00 fine. It is extremely rare to be sentenced to jail time for a first offense. If so, that would be the result of a prior criminal history or you were convicted after a jury trial.
    Answer Applies to: Oklahoma
    Replied: 8/8/2012
    Steven Alpers | Steven Alpers
    Probably 2 days which could be done on weekend work, you would not stay overnight.
    Answer Applies to: California
    Replied: 8/8/2012
    Musilli Brennan Associates PLLC
    Musilli Brennan Associates PLLC | John F Brennan
    It depends on all of the circumstances and the proclivities of the judge. You could be sentenced to jail and without additional information your question cannot be answered. Call my office or engage another attorney NOW, you need one.
    Answer Applies to: Michigan
    Replied: 8/8/2012
    Law Offices of Christopher Jackson
    Law Offices of Christopher Jackson | Christopher L. Jackson
    Usually not - probably just alcohol treatment.
    Answer Applies to: Kentucky
    Replied: 8/8/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    It depends on the county your case was in some mountain counties impose two days or so of jail time even on a first offense. So it depends but probably not if you are on the front range.
    Answer Applies to: Colorado
    Replied: 8/8/2012
    Law Offices of Koron & Podolsky, LLP
    Law Offices of Koron & Podolsky, LLP | Daniel J. Podolsky
    Although it is a possibility that you may go to jail, it is highly unlikely as it is your first DUI offence. A combination of monetary fines, community service, license suspension, and drug & alcohol education will likely be what you obtain via plea bargain. There is always the option of fighting the charge. Regardless, you should consult with an attorney prior to taking any action. Good luck.
    Answer Applies to: California
    Replied: 8/8/2012
    Law Office of James J. Rosenberger | James Joseph Rosenberger
    Upon conviction tbere is a mandatory 1 day in jail. However, there are many ways to negotiate a case like this with the prosecutor so as to avoid that fact. Each case is judged separately and I would speak to an attorney.
    Answer Applies to: Washington
    Replied: 8/8/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    With a .11 breath test, if convicted,, the court imposes a mandatory minimum of 1 day in jail. Please do not try and handle this type of case on your own, as there are substantial penalties above and beyond the jail time. Consult with an attorney.
    Answer Applies to: Washington
    Replied: 8/8/2012
    Law Offices of Andrew D. Myers
    Law Offices of Andrew D. Myers | Andrew D. Myers
    Very unlikely that jail time would be involved in a NH DWI first offense unless there are additional facts excluded from the posting. Be certain to properly request your ALS hearing within 30 days. If you are serious about this, retain an attorney ASAP.
    Answer Applies to: New Hampshire
    Replied: 8/8/2012
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    There are may challenges to a DWI including whether there was reasonable suspicion for the sop or probable cause to charge. A first offense within 10 years is a misdemeanor punishable by up to 90 days in jail and a $1000 fine. There is also a separate civil case which results in the revocation fo your license. You must challenge that revocation with in 30 days.
    Answer Applies to: Minnesota
    Replied: 8/8/2012
    Pietryga Law Office | Russ Pietryga
    No. Usually, even if you plea to the DUI, you will get sentenced to 48 hours instead of jail. But, because of your low BAC (.11) you will be offered a impaired driving. With a impaired driving there will not be any jail. Hope this helps.
    Answer Applies to: Utah
    Replied: 8/8/2012
    Gregory C. Graf
    Gregory C. Graf | Gregory C. Graf
    Highly unlikely you will actually serve time on a first offense with a .11 BAC. Most Courts will suspend the jail sentence.
    Answer Applies to: Colorado
    Replied: 8/8/2012
    Law Office of William L Spern | William Spern
    Very doubtful. Most likely, you'll be able to plea it down to impair and get a one year probation and restrict driver's license.
    Answer Applies to: Michigan
    Replied: 8/8/2012
    Nichols Law Firm
    Nichols Law Firm | Michael J. Nichols
    It depends on the facts.
    Answer Applies to: Michigan
    Replied: 6/28/2013
    The Smalley Law Firm, LLC | Cary Smalley
    Not necessarily. I suggest you consult with an attorney to ensure the best possible outcome for your case.
    Answer Applies to: Kansas
    Replied: 8/8/2012
    Salladay Law Office | Lance Salladay
    Probably not- but you will more than likely have a suspended 10 day jail sentence hanging over your head and will have at least 1 year probation with a requirement that you not drink at all- if you violate that condition then you will likely do the time in jail.
    Answer Applies to: Idaho
    Replied: 8/8/2012
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    If convicted in Utah, you are required to have 2 days in jail, but it could be longer. Hire a talented attorney and you may avoid a conviction.
    Answer Applies to: Utah
    Replied: 8/8/2012
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Jail is not likely. I suggest you retain a criminal defense lawyer who knows how to handle a DUI case.
    Answer Applies to: New York
    Replied: 8/8/2012
    Law Office of Russell A. Warren
    Law Office of Russell A. Warren | Russell A. Warren
    Generally NO. While these charges do carry a "potential" jail term sentence, rarely is jail time actually assessed on a 1st offense unless there some aggregious factual circumstancesthat occurred.
    Answer Applies to: Missouri
    Replied: 8/8/2012
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