QUESTION
What are my chances of jail time for a first offense DUI?
Asked on Aug 12th, 2013 on DUI/DWI - Michigan
More details to this question:
I received a DUI first offense in Michigan and plead no contest. I was ordered to obtain a SAE and complied and voluntarily entered outpatient rehab. My court date is in three days and I wondered what my chances are for jail time. I also had possession of a small amount of pot and I’m from Indiana. I am a single mother with three kids and three jobs. Do they take that into consideration at sentencing?
5 ANSWERS
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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It all depends on the court you are in and your attorney.
Answered on Aug 20th, 2013 at 9:15 PM
Municipal Law Attorney serving Paw Paw, MI
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Mark A. Manning, P.C.
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In most counties little to no chance of jail on a first offense OWI. The fact you are a first offender is primary - the day and age when mom's with children avoided jail is gone. If here was a n accident or someone was injured your chances of jail increase.
Answered on Aug 20th, 2013 at 9:15 PM
Collections Attorney serving Okemos, MI
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Cindy Mannon, Attorney at Law
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It depends on the County and/or Judge. It is doubtful that you will receive jail time because it is your first offense and are in counseling. You really should have a lawyer, even a court appointed attorney because they know the Judge, Prosecuting Attorney and what "you can expect." However, sometimes people with high BAC's have gone to jail for a short time, or are made to wear a tether, but I've never had any client who this has happened too.
Answered on Aug 20th, 2013 at 9:15 PM
Divorce Attorney serving Bloomfield Hills, MI
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Catchick Law, P.C.
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The vast majority of Judges in Michigan do not give jail to OWI 1st offenders absent unusual circumstances, like a personal injury accident or a child in the car, or a very high Blood Alcohol Content, etc. I will caution you that there are a few Judges (Judge Small in 48th District Court, for example) who frequently give jail to even first time offenders. I would probably recommend you focus less on you being a mother of 3 kids, and focus more on how you have been compliant with everything the Court has ordered so far, at your Sentencing.
Answered on Aug 20th, 2013 at 9:15 PM
Michael J. Breczinski
Yes they will take all that into consideration. If you get jail or not depends on the judge, your prior record and all the facts.
Answered on Aug 20th, 2013 at 9:15 PM