QUESTION
Could a first time DUI offender go to jail after pleading guilty with a BAC over .25?
Asked on Aug 16th, 2013 on DUI/DWI - California
9 ANSWERS
Some States require jail at that level. Check State law, but Judge should have advised him at plea if jail if is mandatory.
Answered on Aug 23rd, 2013 at 3:07 PM
Michael J. Breczinski
This depends on the judge and all the facts but the answer is yes they could go to jail.
Answered on Aug 23rd, 2013 at 3:07 PM
Criminal Defense Attorney serving Chapel Hill, NC
at
The Law Office of Lynn Norton-Ramirez, PLLC
Update Your Profile
A good attorney can work on increasing the mitigating factors to counteract the high BAC. It depends on the facts of the case and the prior criminal record. Have you friend hire an attorney or go to court and apply for a Public Defender. Community service is a definite possibility but I would need to know much more about the details of the case/prior record.
Answered on Aug 23rd, 2013 at 3:07 PM
James Edward Smith
If no one got hurt probation with alcohol counseling is likely
Answered on Aug 23rd, 2013 at 3:07 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Yes, the BAC is very high, and the court will seek punishment and treatment.
Answered on Aug 23rd, 2013 at 3:07 PM
Criminal Defense Attorney serving Oakland, CA
at
Kapsack & Bair, LLP
Update Your Profile
Most counties have work alternatives for first offenders, when your blood alcohol concentration exceeds .25 they may require some time in custody due to the high BAC. Remember, a first offense has a statutory maximum of 6 months in jail, it is rare that anyone gets the max or even close but the right facts increase likelihood for time in custody.
Answered on Aug 23rd, 2013 at 3:06 PM
Criminal Defense Attorney serving Alhambra, CA
at
Francis John Cowhig
Update Your Profile
With a .25+ BAC, some jail time is a good possibility. I suggest that you hire an attorney to get you the best deal possible.
Answered on Aug 23rd, 2013 at 3:06 PM
That depends how good his lawyer is. Remember, just because you're over the limit, doesn't mean you have to plead guilty.
Answered on Aug 23rd, 2013 at 3:06 PM
Bankruptcy Attorney serving Florissant, MO
at
Law Offices of Thomas Corcoran Phipps
Update Your Profile
The defense attorney will have to negotiate a plea bargain with the prosecuting attorney. The offender may get a suspended imposition of sentence, probation, attend a substance abuse traffic offender's program and community service.
Answered on Aug 23rd, 2013 at 3:06 PM