Will my son be sent to jail for DUI? 68 Answers as of June 11, 2012

My 17 year old son was caught driving with a BAC of 0.08%. Will he be sent to prison? What should we do? Will this be in his records forever? I am worried that this mistake will be forever etched in his records.

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Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
I'd recommend that your son retain a lawyer to help him with this matter. Generally speaking, as long as there was no injury or a bad accident, jail is minimal for people with otherwise clean records who get convicted of a first offense, OUI. However, it depends on the judge and the facts. Judges have a lot of discretion with misdemeanors as long as they stay within the range up to the statutory maximums for the offense. Any traffic misdemeanor stays on a person's record for a very long time. Current Michigan law does not allow the records to be expunged. Your son is presumed innocent until proven guilty beyond a reasonable doubt. He should exercise his right to counsel.
Answer Applies to: Michigan
Replied: 6/11/2012
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
He wont be sent to prison. He would usually be placed on probation or if it is his first offense, he may be able to receive a diversion. He should consult with a DUI attorney.
Answer Applies to: Kansas
Replied: 3/16/2012
The Law Office of Kevin O'Grady
The Law Office of Kevin O'Grady | Kevin O'Grady
Hire an aggressive DUI attorney NOW. A DUI cannot be expunged under Hawaii law. A DUI cannot be deferred under Hawaii law. The best way to possibly avoid a conviction is to hire an aggressive attorney.
Answer Applies to: Hawaii
Replied: 3/14/2012
Anderson Law Office
Anderson Law Office | Scott L. Anderson
He is in a pickle but a lot can still be done. Jail can be avoided but this is very serious.
Answer Applies to: Minnesota
Replied: 3/14/2012
Craig W. Elhart, P.C.
Craig W. Elhart, P.C. | Craig Elhart
A clean previous record is a help. Typically, the penalty for first offense is the mandatory licensing sanctions, fines, costs and probation. The secretary of state will impose a driver's responsibility fee and his insurance will be affected. He should consult with an attorney who can give him a better idea of the typical penalties in his area.
Answer Applies to: Michigan
Replied: 3/13/2012
    The Short Law Group, P.C.
    The Short Law Group, P.C. | Shawn Kollie
    A DUI conviction in Oregon carries a maximum penalty if 1 year in custody and a $6,250 fine. A DUI conviction also has a minimum of 2 days in custody and a $1,000 fine. It is important to work with a DUI Lawyer who can help your son in any way possible. Additionally, because your son is below 21, any BAC will be too high under Oregon Law.
    Answer Applies to: Oregon
    Replied: 3/12/2012
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    The fact that he was arrested for DUI will mean that he will have a record of an arrest that will be in his records. However, due to his age, he may qualify for youthful offender treatment and may be able to resolve this offense without having an adult record for a conviction.
    Answer Applies to: Alabama
    Replied: 3/12/2012
    Germaine & Blaszka, P.A.
    Germaine & Blaszka, P.A. | Donald L. Blaszka, Jr.
    A person charged with DWI, 1st Offense in NH is a Class B Misdemeanor (a criminal offense) and is facing the following minimum penalties if a person pleads guilty or is convicted after trial: $500 fine + $120 penalty assessment, 9 month loss of license, with the ability to reduce the loss of license to 90 days if the person enters into the relevant Impaired Driver Intervention Program (IDIP) and successful completion of IDIP. If you are under the age of 21, you face a minimum loss of license of 1 year and must petition the Department of Safety for a hearing at the Bureau of Hearings to get your license restored prior to your 21st birthday. The maximum penalty is $1,200 fine + 24% penalty assessment, 2 year loss of license. This does not include any administrative license suspension that could be imposed by the NH Department of Safety which is separate from any court penalties. Your son is not facing any jail time at all and he can potentially annul or erase this conviction after 10 years. I suggest that you consult with an experienced NH DWI/DUI attorney to review your case.
    Answer Applies to: New Hampshire
    Replied: 3/12/2012
    Law Office of William L Spern | William Spern
    Your son will not go to prison for a DUI. Given that his BAC was .08, he'll probably be able to get a DWI plea offer. A DWI has lower monetary and driving penalties than a DUI. Being that he is 17, his driver's license may be suspended by the Secretary of State thus requiring further driver training and expensive re-certification fees. As well, the violation will undoubtedly dramatically increase insurance coverage costs and could result in him being excluded from insurance coverages on family vehicles. Unfortunately, driving offenses such as DWI remain on your driving record forever.
    Answer Applies to: Michigan
    Replied: 3/12/2012
    Law Office of Ronald Aronds, LLC
    Law Office of Ronald Aronds, LLC | Ronald Aronds
    This is not a criminal offense, and for a first offense DWI there is little chance that he will go to jail. A conviction will remain on his driving record forever though. He should definitely be represented by an attorney on this matter.
    Answer Applies to: New Jersey
    Replied: 3/12/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    If your son is convicted of DUI, it will go on his record and will stay there. He will not be sent to prison. At age 17, he could potentially be sent to a juvenile facility but, unless he has prior alcohol related offenses on his driving record, this is unlikely.
    Answer Applies to: Minnesota
    Replied: 3/12/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    DUI convictions stay on record Jail is not mandatory on a first Get a lawyer to help.
    Answer Applies to: Colorado
    Replied: 3/12/2012
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Everyone asks the same question first but at least you got to the more important one. With extremely rare exception, I am asked about jail and nothing else. So, lets deal with that one first - unless there was an accident, it is slim - and more important, in Texas a first DWI is a Class B Misdemeanor (county jail time, not prison) and not to exceed 180 days. A second DWI is a Class A (up to 365 days in jail) and a 3rd is a Felony (this is where Prison comes into play). You however, are attuned to the most important question, "Will this be in his records forever?" At the age of 17, your son likely does not appreciate how long forever lasts. He is lucky to have you asking this question since you did think about that. The answer is: it depends. First, if he is "convicted" yes, it will remain forever. At age 17, he is technically underage, but still a juvenile. Now, if he is lucky and changed with DUI not DWI (the prior being a Class C Misdemeanor) that can be removed. Both can be sealed if he gets Deferred Adjudication.
    Answer Applies to: Texas
    Replied: 3/9/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If he gets convicted of this offense he could go to jail. This type of conviction stays on your record forever. It is not expungable.
    Answer Applies to: Michigan
    Replied: 3/9/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    People don't go to prison for DUI until the fifth DUI conviction. What you do now is very important. As a former prosecutor I have some insight into how the system works. If your son is 17 and blowing a .08 BAC, there is little doubt that he already has a drinking problem. If he has any family with addiction issues it is a near certainty. This is one of those rare moments where we can see the future and act to prevent disaster. The first thing you need to do is hire an experienced DUI defense attorney. Your son will be charged as an adult and be treated as an adult because this is a driving offense. Take it seriously because a DUI conviction is forever; it cannot be vacated. Your son's drivers license is also going to be suspended until he turns 21. The Washington Department of Licensing (DOL) takes youth drinking and driving very seriously and there are several things your son must do before he can reinstate his driving privilege. First off, he must request a DOL hearing as soon as possible. The arresting officer should have provided him with the hearing request form. Send that in with a check for $200. As soon as possible, get your son evaluated by a state-certified alcohol treatment provider. Make sure your son is completely honest about his drinking. I recommend he do the evaluation on his own so he can be candid. If treatment is recommended, get him into treatment yesterday. Some heath insurance companies cover treatment so check with yours. As much as humanly possible, make your son face this on his own. He must learn that the world is a cold hard place and he is the only person responsible for him. This is a make-or-break situation. He will soon graduate and go on to other things. It is hard for a kid of 17 to appreciate consequences. Let him experience them because experience is the best teacher. If you handle this situation right, you will put your son on the path to being a responsible adult. Someone did that for me and at 47 I am grateful every day.
    Answer Applies to: Washington
    Replied: 3/9/2012
    Law Offices of Steven J. Pisani
    Law Offices of Steven J. Pisani | Steven Pisani
    A DUI will remain on his record forever but it unlikely with that bac and it ring his first DUI that he will go to jail. Generally, he will have to do probation and take alcohol classes and complete community service.
    Answer Applies to: Colorado
    Replied: 3/9/2012
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    He is eligible for a Youthful Offender Treatment so he will have a different type of conviction. It will count for governmental positions, the military, and will be taken into consideration for any future arrests. He will probably get a DWUi violation, which is not a criminal conviction, but it will be a problem with many companies and corporations. It will also cause his insurance to be very high and if he is on your insurance you should take him off as he is not responsible, mature, or a good decision maker. You are responsible if he injures or kills someone if he is driving your car or on your insurance. Retain my office or a good criminal lawyer to try to beat the case or he is going to have a lot of problems with schools, jobs, or getting insurance.
    Answer Applies to: New York
    Replied: 3/9/2012
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    First off, if he is convicted you can say goodbye to his license until he is 21. You need to retain counsel ASAP.
    Answer Applies to: New York
    Replied: 3/9/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    For a first offense with such a low BAC level, jail is not likely but always possible. It will remain on his record and can't be expunged. If you hire an attorney, the attorney might be able to get the charge reduced to a non-alcohol offense.
    Answer Applies to: Michigan
    Replied: 3/9/2012
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    He likely will not go to jail. However, there are many difficult things he is facing - like loss of his drivers license for a year, alcohol programs etc. You should hire an experienced DUI lawyer for him.
    Answer Applies to: Colorado
    Replied: 3/9/2012
    Williams & Pine, LLC | Wallace J. Williams
    All is not lost. A good attorney may be able to avoid a conviction or negotiate a reduction in the charges. Jail time is unlikely.
    Answer Applies to: Georgia
    Replied: 3/9/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    He probably won't be sent to prison, but if convicted it will be on his record forever and he might do a day or more in jail. He needs to hire a good DUI lawyer.
    Answer Applies to: Georgia
    Replied: 3/9/2012
    Goodgame Law, LLC
    Goodgame Law, LLC | Jeffrey L Goodgame
    Generally, unless there are extreme circumstances such as causing a severe injury, a defendant is not sentenced to prison for a first DUI offense. However, the consequences of a first DUI conviction are substantial. Punishment may include fines up to $2,100, probation with a suspended jail sentence, and suspension of driver's license. Since your son was under 21 years of age when the alleged offense occurred, he is eligible for youthful offender status. If the Court accepts his plea under the youthful offender statute, then the violation is sealed to everyone except law enforcement. You should consult a DUI attorney in your area.
    Answer Applies to: Alabama
    Replied: 3/9/2012
    Law Offices of Brian J. Lockwood
    Law Offices of Brian J. Lockwood | Brian J. Lockwoood
    At 17, your son probably qualifies to be treated as a "youthful offender." Prison seems EXTREMELY unlikely. Still, it's best to hire a qualified attorney to assist him.
    Answer Applies to: Alabama
    Replied: 3/9/2012
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Hire him a lawyer ASAP! He won't be sent to prison but he needs a lawyer to fight the case for him. If convicted, it will remain on his record forever. And, in Texas, the 3rd DWI in a lifetime is a felony. He has a long life ahead of him. (Just because there is a BT above does not mean all is lost. Hire a lawyer.)
    Answer Applies to: Texas
    Replied: 3/9/2012
    Law Office of Patrick E. Donovan, PLLC
    Law Office of Patrick E. Donovan, PLLC | Patrick E. Donovan
    A DWI, first offense does not carry a prison or jail sentence punishment. His license will be suspended for at least a year, he will be required to pay a fine of $620, and it will stay on his record. You should hire an attorney.
    Answer Applies to: New Hampshire
    Replied: 3/9/2012
    Fairlie & Lippy, P.C.
    Fairlie & Lippy, P.C. | Steven Fairlie
    Because he was caught as a juvenile he does not have to suffer the mandatory jail sentences. He also can get the charges expunged after the passage of time. Contact a very good lawyer.
    Answer Applies to: Pennsylvania
    Replied: 3/9/2012
    Law Offices of Douglas J. Lindsay
    Law Offices of Douglas J. Lindsay | Douglas J. Lindsay
    All individuals convicted of DUI (by a guilty plea or a trial) face the possibility of incarceration. It is discretionary with each individual Judge. If in fact your son is so convicted, his attitude, prior driving and criminal record will be closely examined by the Court, through its probation department. If this is your son's first offense and given his low (but illegal) BAC, one must look to the positive side (i.e. no jail) however nothing is guaranteed. Remorse and humility on the part of your son can go a long way. A DUI conviction cannot be removed from your son's record but time and subsequent positive behavior on your son's part, heals many things.
    Answer Applies to: Michigan
    Replied: 3/9/2012
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    He can do 'diversion,' which means that, if he completes treatment and stays out of trouble, he can get the charge dismissed. It wouldn't hurt to consult with counsel, but I advise most diversion-eligible clients to do diversion. If he is convicted, he'll probably be sent to jail for a term of days. This mistake may stay on his record forever, in some sense, but the consequences of a first DUII are not serious. The penalty for a second could include weeks or months in jail, and a third one carries a lifetime drivers licence revocation. Make sure he deals with his alcohol problem now.
    Answer Applies to: Oregon
    Replied: 3/9/2012
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Prison is only for convicted felons. A DUI is a misdemeanor. But that doesn't mean he should plead to it. With a 0.08%, your son is right at the borderline and you should hire a DUI specialist to get the entire case dismissed.
    Answer Applies to: California
    Replied: 3/9/2012
    Law Offices of George Woodworth & Associates
    Law Offices of George Woodworth & Associates | George Woodworth
    No, he will not be sent to prison for a misdemeanor DUI with no accident, no injuries. He may lose his license, and get other penalties, however, and you should get him an experienced DUI Attorney right away. Don't just worry
    Answer Applies to: California
    Replied: 3/9/2012
    The Gorman Law Firm | Scott Gorman
    Assuming that your son has no prior DWI convictions and that there was no accident with injuries, based upon my experience, I would say that your son is almost certainly not going to jail. I will include a link to my website, which has a page that lists the direct consequences of a DWI conviction. Given the fact that your son's blood alcohol concentration was right at the threshold for a DWI conviction, it is very likely that he would have a fighting chance to successfully defend against the charge of DWI. Just as importantly, he may have little incentive not to fight the charge. I would strongly recommend that you contact me to discuss his options.
    Answer Applies to: New Jersey
    Replied: 3/9/2012
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    He is not going to prison, and probably won't do any jail. Get a good attorney and he should be fine. Don't worry!
    Answer Applies to: Washington
    Replied: 3/9/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    If your son is convicted, he won't go to prison, but he will go to jail. The mandatory minimum penalties for a 1st time DUI are: 1 day in jail, approximately $1200 in fines and assessments, loss of license (because your son is under 21, and it is illegal for him to drink, his license will be suspended for 90 days or until his 18th birthday, which ever is longer, unless he has other issues with the Department of Licensing that could effect the length of suspension), ignition interlock on car as determined by court, alcohol /drug treatment as ordered by the court, DUI victim panel, SR22 high risk insurance, probation for 5 years. Yes, this conviction would be a permanent part of his record because subsequent DUI penalties are subject to more severe penalties. For the purposes of a DUI charge, your son is NOT considered to be a minor. A conviction may also have an impact on future employment.
    Answer Applies to: Washington
    Replied: 3/9/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    First - prison is for serious felonies. He is not looking at any custody time on a first offense. The standard punishment for a first time dui is a large fine, a mandatory alcohol program and attendance of a MADD panel meeting. Because he is under 21, if convicted of DUI, he loses his license for a year. He will likely be required to take an additional youthful drunk driving program (visit to the morgue, an essay, etc). Because he's under 18, he'll go through the juvenile system and his records can be sealed after the case is concluded. Unfortunately, sealing a court record does nothing in regard to his DMV history. the DUI will stay on his DMV history for 10 years and can be used as a prior against him for 10 years. Having said all that he needs an attorney. There may be legal defenses, factual defenses or other ways to mitigate this case and avoid many, if not all, of these harsh consequences.
    Answer Applies to: California
    Replied: 3/9/2012
    Stephen D. Hebert, LLC | Stephen Hebert
    It's very unlikely that he will go to prison, but in the event that he is convicted, he will have to perform community service, attend a court approved substance abuse program (usually AA meetings) and complete a driver improvement program. Nonetheless, you should hire an attorney as soon as possible. If his BAC was .08%, he could have a number of viable defenses and could possibly avoid the conviction.
    Answer Applies to: Louisiana
    Replied: 3/9/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    Yes, the arrest is on his record, forever. So will be any conviction. That's what record means. He does not face ?prison? time for a misdemeanor DUI. If he has no prior record, he will not likely face jail time either, but will suffer penalties including fines, license suspension, alcohol school, probation, etc. Of course he can fight the charges. 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 that does, who will try to get a dismissal, diversion program, reduction, 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 an automatic suspension of your license imposed by DMV. That is separate and runs consecutively with any suspension that may be imposed by the court. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you don't know how to do these things effectively, then hire an attorney that does.
    Answer Applies to: California
    Replied: 3/9/2012
    Collins Law Firm, P.A.
    Collins Law Firm, P.A. | John C. Collins
    No. He will not go to prison. Yes and no on it being on his record forever. This gets more complicated than I am willing to type on an iPhone. For my son I would definitely call a qualified dwi attorney to fully discuss the case. At 17 years old and blowing a .08 he could be charged with dwi or dui. There are huge differences in what cam be done with these two types of cases. A DUI can be reduced to a lesser charge. A dwi cannot be reduced.
    Answer Applies to: Arkansas
    Replied: 3/9/2012
    Salladay Law Office | Lance Salladay
    Your son being a juvenile will not have this be on his "record" as a criminal offense, but it will be on his driving record. He will not go to jail in all likelihood, but he will probably have a suspended sentence which could include jail- he may have to do community service and be on probation for at least a year. And he will have his license suspended for a significant period of time, possibly up to age 21. Get an attorney to help you through this process
    Answer Applies to: Idaho
    Replied: 3/9/2012
    Mark Thiessen, Attorney at Law
    Mark Thiessen, Attorney at Law | Mark Thiessen
    He absolutely could do jail time. You need to hire an experienced DWI attorney asap.
    Answer Applies to: Texas
    Replied: 3/9/2012
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    A first time DUI is a Misdemeanor and you cannot be sent to prison on a Misdemeanor charge. You can get jail time. However, most first time DUI cases are resolved with probationary sentences. He has a good case if he was just at the legal limit. You should seek out private counsel.
    Answer Applies to: Florida
    Replied: 3/9/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    He cannot be sent to prison on misdemeanor, but he can be incarcerated at the jail. You should retain an attorney. If he enters a guilty plea or is found guilty, the conviction will be on his record for the remainder of his natural life.
    Answer Applies to: Georgia
    Replied: 3/9/2012
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    It's highly unlikely that he'll ever se the inside of a cell. Also, the charge will probably get reduced to a violation and not a crime. So, he won't have a crime on his record.
    Answer Applies to: New York
    Replied: 3/9/2012
    The Law Office of Stephanie M. Arrache
    The Law Office of Stephanie M. Arrache | Stephanie Arrache
    You need to hire an attorney to fight this! If he gets convicted, he will lose his license for a year, not able to get a restricted license. He can file a motion for expungement which will clear his record for school and work purposes. But, it will remain on his criminal record.
    Answer Applies to: California
    Replied: 3/9/2012
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    If this occurred here in Illinois, he probably will have a permanent record for DUI, as the state law denies him the opportunity of expungement, unless he moves to rescind the statutory summary suspension for failing the breath test, and has the DUI case itself dismissed or dropped. Hire a really good DUI lawyer to represent the kid, he does need this. He can avoid a conviction which counts against his criminal record, but needs the advice of counsel on how to proceed with the case. A lawyer would be in the best position to assist your boy. ?No, he will not be going to jail, in all likelihood.
    Answer Applies to: Illinois
    Replied: 3/9/2012
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    It is very unlikely he will go to jail. I am assuming that he is being prosecuted through the juvenile courts , If so it is likely that his court record will be completely sealed. There are however DMV issues to deal with. I always recommend hiring an attorney under the circumstances especially when a young person's record a is at stake.
    Answer Applies to: California
    Replied: 3/9/2012
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    You need to hire an attorney as soon as possible. An attorney will know what options are available for your son's specific situation, but some of these options are time-limited.
    Answer Applies to: Alabama
    Replied: 3/9/2012
    Gonzalez Law Associates P.C.
    Gonzalez Law Associates P.C. | Carlos Gonzalez
    Hire a lawyer asap! This could be a permanent notch on his record, rebooking and prosecutors treat underage drinking and driving even more severely than adult DUI. If you want to hire an experienced and aggressive DUI lawyer contact us immediately
    Answer Applies to: New York
    Replied: 3/9/2012
    Law Office of Edward J. Blum
    Law Office of Edward J. Blum | Edward J. Blum
    No jail; no prison; hire a lawyer; no. It will be handled in the juvenile court, so it will only be on his record for a year. He will lose his license for a year also. It will be used as a prior if he gets a subsequent DUI in 10 years.
    Answer Applies to: California
    Replied: 3/9/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    The legal limit for your son is .02% so he could be sentenced for a DUI. I have had success getting these types of cases reduced or set to Juvenile court.
    Answer Applies to: Nebraska
    Replied: 3/9/2012
    Pingelton Law Firm | Dan Pingelton
    He probably won't go to prison, but you need to get a lawyer for him ASAP. He will probably lose his license, since he's under 21.
    Answer Applies to: Missouri
    Replied: 3/9/2012
    Robert Mortland
    Robert Mortland | Law Office of Robert Mortland
    This is not something that will likely send him to prison. A first offense DUI with a low BAC is typically reduced to a wet reckless or a standard first DUI with 2 days jail which can be done on alternative sentencing (house arrest, community service...) This will be on his record until probation is complete. If he completes probation successfully, he can ask for an expungement to wipe it off his record for most purposes.
    Answer Applies to: California
    Replied: 3/9/2012
    Meadows & Howell, LLC
    Meadows & Howell, LLC | Brad Howell
    No, this does not have to be on his record forever. If this is his first offense, and he has not previously plead youthful offender, then he could plead youthful offender status. This would effectively seal his record for this offense. Additionally, if this is his first offense and he enters into a court referral program, then he may have the charges nolle prossed. He'll have to complete a series of classes, random drug screens, etc., as determined by the court referral officer, but upon completion, the charges would not show up on his record. The options available to your son depend upon a variety of factors, including which particular court he's in front of. It may be best to speak with an attorney further about the issue.
    Answer Applies to: Alabama
    Replied: 3/9/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Yes, a DUI is a permanent record problem, but jail is highly unlikely for a first offender.
    Answer Applies to: Michigan
    Replied: 3/9/2012
    H. Scott Basham, Attorney at Law, P.C. | H. Scott Basham
    It's a misdemeanor for a first offense. He will not go to state prison. Since he is underage, he may have to do a few days or weeks in the county jail. And most states don't allow DUIs to be expunged.
    Answer Applies to: Georgia
    Replied: 3/9/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    It is unlikely he will go to jail. However, it will be on his record for a while and he'll have to do community service, pay a fine, get his license suspended and take a DUI class and maybe the victim impact panel. As a juvenile his record will be sealed eventually.
    Answer Applies to: Nevada
    Replied: 3/9/2012
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    There is not usually any jail time associated with a first offense, regardless of his age. If he is convicted however, he will likely have a conviction which will remain with him. However it would likely be a misdemeanor, possibly a careless driving or underage drink and drive rather than a DWI, which should not cause him a lot of problems in the future.
    Answer Applies to: Minnesota
    Replied: 3/9/2012
    Kelly A. Broadbent, Esq.
    Kelly A. Broadbent, Esq. | Kelly Broadbent
    In Massachusetts, a first offense OUI will most likely be resolved with a continued without a finding, which is not a conviction. He would be required to attend a class, be on probation for a year, and pay several fines. Also, because of his age, there is a lengthy license suspension. While there is no conviction, if he was arrested again for OUI, it would be a second offense.
    Answer Applies to: Massachusetts
    Replied: 3/9/2012
    Ellman and Ellman PC
    Ellman and Ellman PC | Kevin Ellmann
    He will not be sent to prison, but he does face a possible jail term. If he pleads or is found guilty, a DUI will remain on his driving record forever.
    Answer Applies to: Colorado
    Replied: 3/9/2012
    Lawsmith, The Law Office of J. Scott Smith
    Lawsmith, The Law Office of J. Scott Smith | J. Scott Smith
    This response does not create an attorney/client relationship. He could get jail time but he probably will not; I'd need to know more. And yes, if he is convicted the charge would remain on his record forever. A reading of .08 could make for a good trial. You need to contact an attorney that handles a lot of D.W.I. cases and have a free consultation with that person.
    Answer Applies to: North Carolina
    Replied: 3/8/2012
    Dichter Law Office, PLLC
    Dichter Law Office, PLLC | Jonathan Dichter
    DUI is a gross misdemeanor which can be punishable by up to a year in jail and/or a $5000 fine - plus mandatory license suspensions and treatment and interlock devices. A conviction for DUI will remain on his record FOREVER - but a skilled DUI attorney can work with him to hopefully minimize the consequences to him.
    Answer Applies to: Washington
    Replied: 3/8/2012
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We urge you to seek experienced legal counsel ASAP to discuss his rights and options, including inquiring about a possible reduced charge.
    Answer Applies to: Georgia
    Replied: 3/8/2012
    The O'Hanlon Law Firm, P.C. | Stephen O'Hanlon
    Most counties in Pennsylvania offer ARD (Alternative Rehabilitative Disposition) for a first DUI offense. That can be expunged (erased) from a criminal record. It is very unlikely that prison is a possibility given the information that you have provided.
    Answer Applies to: Pennsylvania
    Replied: 3/8/2012
    Law & Mediation Office of Jeffrey L. Pollock, Esq.
    Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
    He should hire an attorney to make sure that he only gets Probation and that his record is expunged once he completes the Probation, driving classes, suspension, and pays his fines.
    Answer Applies to: Pennsylvania
    Replied: 3/8/2012
    Edward A. Kroll, Attorney at Law
    Edward A. Kroll, Attorney at Law | Edward A. Kroll
    If it's his first ever DUI, he won't go to prison. Or jail. If it's his first ever, he's never been in trouble before, he didn't have a child in the car, and he didn't injure anyone, he'll probably be eligible for a program called Diversion. This is a way to avoid a DUI conviction by doing classes and treatment. You should probably talk to a lawyer for a more in-depth explanation of the Oregon Diversion process. I've helped a lot of people through this, and would be happy to talk to you for free.
    Answer Applies to: Oregon
    Replied: 3/8/2012
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