QUESTION
Am I definitely looking at jail time for my first DUI?
Asked on Mar 24th, 2014 on DUI/DWI - Michigan
More details to this question:
I was arrested and blew .15%. There's no excusing what I've done. I sincerely regret it. It's caused a relapse with my eating disorder. I've lost 15 pounds and I can hardly sleep. I don't know what to do.
11 ANSWERS
3 Awards
No - but you will have DL consequences.
Answered on Mar 27th, 2014 at 10:06 AM
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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Decision is up to the Judge.
Answered on Mar 26th, 2014 at 6:08 AM
Michael A. Colavecchio
The minimum punishment for a 1st offense DUI conviction is 48 hours in jail, a $ 350 fine, loss of license for 1 year (with a possible restricted license during that year), 11 months and 29 days of probation, and a DUI school. However, an attorney might be able to find weaknesses in your case and get something less, like Reckless Driving, for you, which carries less punishment.
Answered on Mar 25th, 2014 at 2:45 PM
Criminal Defense Attorney serving Oakland, CA
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Kapsack & Bair, LLP
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You need to speak to a DUI defense attorney in your area, there are many different applications of the statute and not every county reads the statute the same way, some counties require no jail, some allow weekend work/community service, some require actual jail. A local DUI defense lawyer will know the answer to your question.
Answered on Mar 25th, 2014 at 2:44 PM
Instead of worrying about the jail time, you need to focus your attention on how you can avoid being convicted. You need to hire a DUI specialist, and do it soon because you have only 10 days to save your license.
Answered on Mar 25th, 2014 at 2:03 PM
You need to consider hiring an attorney. For one, an attorney will be able to help you move through the court system effectively and ensure that you understand all of the court procedures, your rights, and any possible defenses. this will eliminate some of the unknowns in your case and reduce your anxiety. On a first offense DUI in Colorado- you may be eligible for a reduction to a DWAI, but even without a reduction you would most likely be able to avoid any jail time.
Answered on Mar 25th, 2014 at 1:59 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It is certainly possible in the theoretical sense. However, it is not very likely. Probation is the usual sentence from the vast majority of judges for first offense DUI. However, do not plead guilty to anything without first consulting with an experience DUI attorney in your area. There may be deficiencies or defenses that can be used to get the charges reduced or dismissed.
Answered on Mar 25th, 2014 at 10:01 AM
Michael J. Breczinski
Get a lawyer. Get a substance abuse evaluation. Get into whatever treatment that the evaluation recommends. if you are doing this before the judge orders it then you will minimize your chances of going to jail.
Answered on Mar 25th, 2014 at 10:01 AM
Hire an experienced DUI lawyer to represent you. That's your best option if you want to avoid jail time and keep this off your permanent criminal record and driving record.
Answered on Mar 25th, 2014 at 10:01 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Get an attorney and minimize the damages. I cannot give an opinion without additional facts.
Answered on Mar 25th, 2014 at 10:00 AM
It's common in California to avoid actual jail time with a first DUI. I would recommend consulting with some local attorneys and discussing your case with them. There is an enhancement for .15 or higher, that will make some prosecutors seek a little bit of jail time (10 days or so). But you should be eligible for some type of community service/community labor/work release instead of serving any time in jail. I understand your anxiety and embarrassment about this situation, but all that you can really do is make sure it never happens again. Second DUIs are much more serious and if you were to kill someone, it can be charged as murder). Hire an attorney to take care of this case and focus on making the changes in your life that you need to make. It will also be much less stressful as you won't have to actually go to court.
Answered on Mar 25th, 2014 at 10:00 AM