QUESTION

How much time will I spend in jail for a first extreme DUI if I have a very clean record?

Asked on Jul 09th, 2012 on DUI/DWI - Michigan
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34 ANSWERS

Bankruptcy Law Attorney serving Huntington Woods, MI at Austin Hirschhorn, P.C.
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Your question is impossible to answer without knowing your blood alcohol level, the district court where the case is pending, the judge to whom the case is assigned, the officer who made the arrest, the prosecutor, what you mean by "a very clean record', and the attorney you hire to represent you. All of the items I have listed in the preceding sentence could have a bearing on the disposition of your case. If your very clean record involves no prior drinking and driving expenses and very few moving violations you might not get any jail time.
Answered on Aug 27th, 2012 at 3:59 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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What is an "extreme DUI". Penalty for 1st time DUI is a minimum of 1 day in jail.
Answered on Aug 10th, 2012 at 10:20 PM

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You could spend up to 6 months in jail if you are chargeds with a normal DUI. If there was an accident particularly causing injury or death the punishment can go higher. Since you only said extreme DUI, I cannot be more specific.
Answered on Aug 10th, 2012 at 10:16 PM

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Personal Injury Attorney serving North Wales, PA
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If you have no prior record you may be able to get ARD and avoid jail altogether. You should contact a very good lawyer to advise you about your county's policies and the specifics of your case.
Answered on Aug 10th, 2012 at 9:59 PM

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Criminal Law Attorney serving Houston, TX
Partner at Thiessen Law Firm
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Hopefully none if you hire the right attorney. Jail is not mandatory.
Answered on Aug 10th, 2012 at 9:53 PM

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Criminal Defense Attorney serving Everett, WA at Michael E. Jones Attorney at Law
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I don't know what you mean by "extreme DUI", but most ist Dui's serve i-2 days mandatory jail, if convicted. however, you may have defenses that would avoi jail all together. at the other extreme Dui's alway carry a potential 364 days in jail. You should seek advice from an experienced, local attorney and see if you can't avoid jail.
Answered on Aug 10th, 2012 at 9:48 PM

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Transportation Attorney serving Mamaroneck, NY at Palumbo & Associates, PC
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Maybe none.
Answered on Aug 10th, 2012 at 9:44 PM

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Criminal Defense Attorney serving Golden Valley, MN at Steele Law Offices
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The answer to that question depends on a number of variables. There is no mandatory minimum jail sentence for a first time offense assuming no one was hurt and there were no kids in the car. In cases where an individual's BAC is over .20%, it is not uncommon for the state to be seeking 10-15 days in jail. Either way you should seek the advice of an attorney.
Answered on Aug 10th, 2012 at 9:27 PM

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Criminal Defense Attorney serving Orange, CA at Law Office of Joe Dane
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I don't know if that was a typo or not... I don't know what a "first extreme DUI" is. If you mean first time DUI, no - jail is not typically imposed for a first time DUI beyond the time you already did when you were arrested and booked.
Answered on Aug 10th, 2012 at 9:21 PM

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Administrative/ Regulatory Attorney serving Airway Heights, WA at Clinton Law Office
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If have no prior DUIs within the past 7 years and your Blood Alcohol Concentration was equal to, or greater than .15, you will be required to serve 2 days.
Answered on Aug 10th, 2012 at 9:20 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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If your attorney does his job well, possibly none. The max is a year. The honest answer is that no attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, police reports, expected testimony, priors history, etc. When arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or confession be used against you, can you be convicted, and what can you do? If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, program, or other decent outcome through plea bargain, or take it to trial if appropriate. A little free advice: When arrested for DUI, whether alcohol or drugs, then upon release from jail or booking the defendant is given documents that include a notice that you have only ten days to file a request with DMV for a hearing on an appeal of the automatic suspension of your license imposed by DMV upon your arrest. That is separate and runs consecutively with any suspension that may be imposed by the DMV, or the court upon conviction. Contact DMV and do so, timely, then appear at your scheduled DMV appeal hearing and present any supporting evidence and testimony. If you do not win the appeal, you can still apply later for a restricted license for to/from work and school, etc., after serving at least of the full suspension period. If you don't know how to do these things effectively, then hire an attorney that does.
Answered on Aug 10th, 2012 at 9:15 PM

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Criminal Defense Attorney serving Santa Rosa, CA at Michael T. Lynch
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In CA the maximum sentence for first offense DUI is 6 months in jail. In my county the standard sentence for first offense is two days in jail.
Answered on Aug 10th, 2012 at 9:12 PM

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Gary Moore
It all depends on what "extreme" means. Without serious bodily injury or damage to property a first time DUI conviciton does not lead to a jail sentence.
Answered on Aug 10th, 2012 at 9:01 PM

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Real Estate Attorney serving Williamstown, NJ at Law Offices of Slotnick & Schwartz
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Without more details I would expect no jail time for a first offense.
Answered on Aug 10th, 2012 at 8:59 PM

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Criminal Defense Attorney serving Pittsburgh, PA at Law Office of Jeffrey L. Pollock
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None if you qualify for ARD. You do not provide enough info to answer you. Pay a lawyer for a 1 hr consultation.
Answered on Aug 10th, 2012 at 8:54 PM

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Criminal Defense Attorney serving Salt Lake City, UT at Pietryga Law Office
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*Below is a list of all the potential things that can happen. Hope this helps * The Utah Driver License Division and the Utah Courts will impose sanctions on a person for being arrested and/or convicted of driving under the influence. The Utah Driver License Division may impose sanctions based on the person?s arrest. Additionally, the Utah Driver License Division will impose sanctions upon conviction. If convicted, Utah Courts will order mandatory sanctions. Additionally, there are a number of sanctions the Utah Courts may order. Listed below, are the *DUI/1st Offense *sanctions the Utah Driver License Division and Utah Courts may/will impose. *Crime:* Class B misdemeanor driving under the influence of alcohol, drugs, or a combination of both or with specified or unsafe blood alcohol concentration. *(See, Utah Code Ann. 41-6a-502 and Utah Code Ann. **?** 41-6a-503(1)(a))* * * *Imprisonment: *Utah Courts may impose a jail sentence for up 6 months, but not less than, 48 consecutive hours. However, as an alternative to jail, the Utah Courts may order compensatory work service for not less than 48 hours; or require participation in home confinement through the use of *electronic monitoring*[1] . *(See, Utah Code Ann. **?**41-6a-505(1)(a)(i)(A), Utah Code Ann. **?**41-6a-505(1)(a)(i)(B), Utah Code Ann. **?41-6a-505(1)(a)(i)(C) and Utah Code Ann. ?76-3-204(2))* * * *Fine: *Utah Courts may order a fine of up to $1,000.00, but not less than $700.00. *(See,** Utah Code Ann. ?**41-6a-505(1)(a)(v) and Utah Code Ann. ** ?76-3-301(1)(d)**) * * * *Probation: *Utah Courts may order *supervised probation* [2] . *(Utah Code Ann. **?**41-6a-505(1)(b)(ii))* * * *Treatment: *Utah Courts must order participation in a *screening*[3]. And, an *assessment* [4] if found to be appropriate by the screening. The Utah Courts may order *substance abuse treatment* [5]if the *substance abuse treatment program* [6] determines that substance abuse treatment is appropriate. *(See, Utah Code Ann. **?**41-6a-505(1)(a)(ii), Utah Code Ann. **?**41-6a-505(1)(a)(iii), Utah Code Ann. **?**41-6a-505(1)(b)(i) and Utah Code Ann. **?**41-6a-505(1)(b)(ii))* *Education: *Utah Courts must order participation in an *educational series * [7] if the Court does not order substance abuse treatment. *(See, Utah Code Ann. **?**41-6a-505(1)(a)(iv))* * * *Driver License Suspension: *The Utah Driver License Division and/or the Utah Courts will revoke the person?s license or permit to operate a motor vehicle *Utah Driver License Division*: If no request for a hearing is made to the Utah Driver License Division, the Utah Driver License Division will suspend the person?s license or permit to operate a motor vehicle in Utah for 120 days beginning on the 30th day after the date of arrest. *(See, Utah Code Ann. **?**41-6a-509(1)(a)(i)(A) and Utah Code Ann. **?** 53-3-223(7)(a)(i)(A))* * *If, after a hearing, the Utah Driver License Division determines that the police officer had reasonable grounds to believe that the person was driving a motor vehicle in violation of Utah Code Ann. 41-6a-502, the Utah Driver License Division will suspend the person?s license or permit to operate a motor vehicle in Utah for 120 days beginning on the 30th day after the date of arrest. *(See, Utah Code Ann. **?**41-6a-509(1)(a)(i)(A) and Utah Code Ann. **?**53-3-233(7)(a)(i)(A)* If the person fails to appear, on the date of the hearing, at the Utah Driver License Division, the Utah Driver License Division will revoke the person?s license or permit to operate a motor vehicle in Utah for 120 days beginning of the 30th day after the date of arrest. *(See, Utah Code Ann. **?**41-6a-509(1)(a)(i)(A) and Utah Code Ann. **?** 53-3-223(7)(a)(i)(A))* * *Upon receiving notice of conviction the Utah Driver License Division will deny, suspend or disqualify the person?s license or permit to operate a motor vehicle in Utah for 120 days
Answered on Aug 10th, 2012 at 8:53 PM

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Leonard A. Kaanta
Usuallly, a person with his/her first DUi will receive probation of 12 months.
Answered on Aug 10th, 2012 at 5:35 PM

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Criminal Defense Attorney serving McKinleyville, CA at Law Office M. C. Bruce
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Not sure what you mean by "extreme" DUI. Injuries? It's a felony and you'll do some custody time, depending on the seriousness of the injuries. No injuries but a high blood alcohol level? In some counties you'll do 10 days in jail. In others, none. In others, 30. It depends on what the local practice is. There's no statutory requirement for jail time even if a high b.a. enhancement is alleged.
Answered on Aug 10th, 2012 at 5:34 PM

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Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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There are a lot of variables. What do you mean by "extreme" DUI? It's possible that a good attorney can work out a deal to avoid jail time altogether, potentially get the DUI charges reduced to a lesser charge. Feel free to contact me through 1duilawyer.com to discuss your situation in more detail.
Answered on Aug 10th, 2012 at 5:34 PM

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The penalties for drunk driving depend on a variety of factors: (1) whether it is a first, second, or third offense misdemeanor DUI, or a felony DUI as a result of this being the person?s fourth or greater DUI; (2) whether the person was involved in an traffic collision and injured or killed another person; (3) the person?s blood alcohol concentration; and (4) whether any other additional enhancements exist, which commonly include: The defendant refused to submit to a chemical test; The blood-alcohol concentration was over 0.20%; The blood-alcohol concentration was over 0.15%; There was a traffic collision, whether or not it caused injury or death; The person was driving 30 miles or more over the speed limit; A child was in the car at the time; The person was under 21-years old at the time of the offense, thereby bringing them under the "zero tolerance" laws. FIRST OFFENSE DUI (NO PRIORS WITHIN 10-YEARS) PROBATION: 3-to-5 Years Informal Probation JAIL: 48-hours and up to 6 months jail time may be imposed COURT FINES: Minimum $390.00 fine to maximum of $1000.00 (Note, however that the $390.00 minimum fine, after adding penalty assessments and miscellaneous court fees, results in a total amount due of approximately $1400.00-to-$1800.00). DUI SCHOOL : Attendance at First Offender Program (FOP) Required BAC = .15 - 3-month FOP BAC .15 to .19 - 6-month FOP BAC = .20 - 9-month FOP COURT MAY ALSO ORDER: Impound Vehicle up to 30-days if owned by defendant Ignition Interlock Device (IID) for up to 3-years INCREASED PENALTIES FOR DUI ENHANCEMENTS: Refusal?An additional 48-hours of Jail Passenger in Vehicle Under Age 14?Additional 48-hours of Jail Speeding = 30 mph on Freeway or = 20 mph on Street or Highway?Additional 60-days Jail
Answered on Aug 10th, 2012 at 5:33 PM

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DWI Defense Attorney serving St. Louis, MO
Partner at JCS Law
3 Awards
Depending on the facts of your case, you can likely avoid any jail time and you can even avoid interruption of your driving privileges. You should meet with an attorney who practices DWI defense immediately.
Answered on Aug 10th, 2012 at 4:56 PM

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DUI & DWI Attorney serving Reno, NV at Weo Office Suites, LLC
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A first offense DUI carries a maximum penalty of 6 months in jail and $1,000 fine. A judge will consider "aggravating factor" in determining what punishment to impose. A defendant can address alcohol issues, restitution, and letters of reference as examples of 'mitigating factors' to help offset the aggravation.
Answered on Aug 10th, 2012 at 4:07 PM

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Chapter 7 Bankruptcy Attorney serving Clinton, MS at Timothy Kevin Byrne Attorney at Law
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48 hours for DUI -1st. Unless you hit, hurt or killed someone.
Answered on Aug 10th, 2012 at 4:07 PM

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As always sentencing depends on a variety of variables...law enforcement, prosecuting authority, judge, court and even county jail space available...the facts of your specific incident...accident, injuries, prior record...there simply is no absolute answer.
Answered on Aug 10th, 2012 at 4:06 PM

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Family Law Attorney serving Alameda, CA at The Derieg Law Firm
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What makes the dui extreme? If it's blood alcohol, a first dui in California carries a minimum 2 days county jail a varying fine depending on which county you're in, and a dui school between 3 and 9 months. If the dui is extreme because of a car accident or injury you could be facing a felony which could be probation and jail time, or 16 months 2 years or 3 years in a state prison.
Answered on Aug 10th, 2012 at 3:58 PM

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Small Businesses Attorney serving Livonia, MI at Klisz Law Office, PLLC
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Depends on your attorney, the court and the judge, as well as the facts if the case. Maybe none.
Answered on Aug 10th, 2012 at 3:57 PM

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Criminal Defense Attorney serving Calabasas, CA at Law Office of Bernal P. Ojeda
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No such thing as extreme DUI but if there was and accident or death it's serious. Best thing consult with an attorney.
Answered on Aug 10th, 2012 at 3:57 PM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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In Utah, the minimum jail sentence is 2 days in jail. If you have a clean record, you would likely be given the minimum unless there is something about your DUI that makes qualifies it for a penalty enhancement. Although if you hire a talented lawyer, you may avoid a DUI altogether.
Answered on Aug 10th, 2012 at 3:41 PM

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Dennis P. Mikko
With a clean record and your first OWI, you can expect to not spend any more time than was spend at the time of your arrest. If you had a very high blood alcohol content, you may be required to attend counseling and/or AA.
Answered on Aug 10th, 2012 at 3:40 PM

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DUI Defense Attorney serving Phoenix, AZ
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If you extreme DUI is from Arizona there are 2 levels: 1) extreme DUI .15BAC - .149BAC = a minimum of 30 days in jail. This could go up to six months 2) If over a .20 BAC the minimum sentence is 45 days. This can also go up to six months.
Answered on Aug 10th, 2012 at 2:43 PM

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Litigation Attorney serving Westland, MI at Clos, Russell & Wirth, P.C.
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Not sure what you mean by an "extreme" DUI. Conviction of operating while intoxicated (OWI) in Michigan carries a maximum penalty of 93 days in jail for a first time offender. Most first time offenders do not receive any jail time, just probation (typically 1 year), along with counseling, testing, work program, fines, costs, etc, plus licensing suspension. If you are convicted of the new super drunk driving law (BAC 0.17 or greater), then you are subject to heightened penalties across the board, including heightened license sanctions and mandatory counseling and interlock device.
Answered on Aug 10th, 2012 at 2:42 PM

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The maximum penalty is 180 days (6 months). However, I rarely see anyone get a maximum sentence. The minimum is 2 days, which can sometimes get exchanged for community service. Anything in between is theoretically possible. If the judge imposed more than the minimum, my best guess would be 10 days, maybe 30 at the most.
Answered on Aug 10th, 2012 at 2:33 PM

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It depends on what you mean for "extreme." If somebody got killed or seriously injured you could still go to state prison despite it being a first offense.
Answered on Aug 10th, 2012 at 2:09 PM

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Michael J. Breczinski
That depends on the judge, your attorney and the facts of the case. But I will tell you it is relatively rare for someone to go to jail on the first DUI charge.
Answered on Aug 10th, 2012 at 1:21 PM

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