Would I have to go to jail for getting an OWI? 5 Answers as of September 08, 2015

I was pulled over and was arrested for an OWI, operating while intoxicated, and I blew a .21. My court date is October 4th. I understand the stricter enforcements involved, but am I looking at jail time here? This is my first offense and I'm a single mother and a full time nursing student. Has judges been convicted under this new law with jail sentences? My court papers say city versus me, if that means anything.

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Freeborn Law Offices, P.S.
Freeborn Law Offices, P.S. | Steve Freeborn
.21... that's almost 3x the legal limit. With this high of a breath test reading you are looking at a mandatory minimum of 2 days in jail. This means that a judge cannot waive this jail time. The judge could also sentence you to more (based upon the facts of your case) as a conviction can carry a jail sentence of up to a year in jail and a $5,000.00 fine. With that high of a breath test, you are going to be required to have an alcohol/drug evaluation and follow any recommended treatment. With that high of a reading... sounds like a possible alcohol substance issue. My advice... hire an attorney as there are additional penalties over and above jail time.
Answer Applies to: Washington
Replied: 9/8/2015
Anderson Law Office
Anderson Law Office | Scott L. Anderson
Please get an attorney asap. Over .16 is a gross misdemeanor punishable by a max of 1 year in jail and/or a $3000 fine in MN. With proper representation everything will be manageable.
Answer Applies to: Minnesota
Replied: 9/8/2015
Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answer Applies to: California
Replied: 9/7/2015
Chambers Law Firm
Chambers Law Firm | Dan E. Chambers
You will not get jail time based on the facts that you have provided.
Answer Applies to: California
Replied: 9/7/2015
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
At almost three times the legal limit, I suspect that you will be doing jail time.
Answer Applies to: Georgia
Replied: 9/7/2015
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