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