QUESTION

Will I go to jail for my first DWI offense?

Asked on May 15th, 2013 on DUI/DWI - Georgia
More details to this question:
I was pulled over for a traffic violaion. I did not merge into another lane when a state trooper had another car pulled over. It was not on the beltway. I failed my sobriety test and blew a 0.23. He ended up charging with 6 charges total. What am I going to face?
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7 ANSWERS

Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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In California, you are usually looking at a 4 to 6 months license suspension, but you may be eligible for a restricted license (to and from school and/or work). If your blood alcohol level is above .20 then there is a 10 month restriction, as well as other enhancements for excessive alcohol. Fines from $390 to $1,000 plus penalty assessments and court costs which beings to the total to about $2,000.00. Your car may be impounded for up to 6 months. Up to 3 year optional ignition interlock device installed on your car. 96 hours to 6 months jail sentence, at least 48 hours of which must be continuance. If you have had a prior DUI within the preceding 10 years, it could be charged as felony with between 1 year and 3 year jail sentence. Depending on the County where the arrest occurred, generally a 1st time DUI offender, with a good attorney, will do little, if 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 order 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 DMV.
Answered on May 17th, 2013 at 7:56 AM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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You do not say what the other 6 charges are; however dealing with the DWI charge alone, absolutely you will be doing jail time. You blew 3x the legal limit, which means you were really messed up and/or you have a serious drinking problem. Maximum jail time... 1 year and a $5,000.00 fine. If this is your first DWI, then you will do a MINIMUM of 2 days in jail, $2,000.00 in fines and assessments, one year loss of license, after that one year and you get your license back, one year with interlock on your car, alcohol/drug education and treatment per the order of the court; 5 years probation. If you have a commercial drivers license, you could loose that forever. This sentence will be compounded depending upon how the judge treats the other charges. You are really in deep. I suggest you hire an attorney.
Answered on May 17th, 2013 at 7:07 AM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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That will depend on a lot of factors. What are the other charges besides the drunk driving? In Michigan, .23 is "Super Drunk" and more jurisdictions are either refusing to plea bargain those cases down or at least not much. While jail is still not the norm for first time DUI offenses, they are more commonplace than what they used to be. The likelihood of jail also largely depends on what the other charges are, was anyone injured or any property damaged... These charges can be very serious and have long lasting consequences. Consult with an experienced DUI attorney in your area.
Answered on May 16th, 2013 at 8:53 AM

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Michael J. Breczinski
Well I would have you tested for alcohol abuse and get you into treatment and AA right away. This would help keep you from jail. The result is very high.
Answered on May 15th, 2013 at 3:37 PM

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Domestic Violence Attorney serving Denver, CO
Partner at 5280 Law Group
Due to the high BAC, in Colorado, you face a minimum of 10 days in jail. It would depend on the other charges if there is additional minimum time. It would be well worth your time and money to retain a DUI attorney in your area.
Answered on May 15th, 2013 at 3:37 PM

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DUI & DWI Attorney serving Irvine, CA
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It's possible but not likely. The high BAC could cause the judge to enhance your sentence to include doing some jail time. You're probably looking at a stiff fine, a long alcohol education program and some community labor while being on court probation.
Answered on May 15th, 2013 at 3:29 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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In Michigan the blood level will cause an enhancement of the charge to super drunk. Get an attorney now. You are facing severe possible penalties and license actions.
Answered on May 15th, 2013 at 3:29 PM

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