QUESTION
Will I get jail time for a first offense in DUI?
Asked on Mar 17th, 2013 on DUI/DWI - California
More details to this question:
I was charged with driving under the influence for the first time. I think I blew a .08 in the breath analyzer. I wasn’t driving the car at that time but I told the police that I did drive to that location so they charged me. Will I get jail time for this?
11 ANSWERS
Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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Law Offices of Phil Hache
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It may be very possible to get your DUI dismissed and reduced to a lesser charge. There are many potential defenses to your case. Such as challenging the driving, the 3 hour presumption that the breath result is accurate, as well as attacking the breath machine itself. Why did the officer approach you in the first place? There may be a lack of probable cause issue to attack in your case as well. There is more information about DUI's and potential DUI penalties at 1DUILawyer.com .
Answered on Mar 19th, 2013 at 3:45 PM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Depending on the court and the jurisdiction where this occurred, the short answer is probably not. However, considering your BAC level, I suggest that you contact an experienced criminal defense attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest. He/she may be able to have the charges reduced to either a wet or dry reckless.
Answered on Mar 18th, 2013 at 10:23 PM
Most first-time intoxicated drivers do not get jail time. However, if you have a previous criminal record, you might get jail time. A good attorney might be able to get a OWVI charge which is a lesser offense than OWI.
Answered on Mar 18th, 2013 at 9:18 PM
Auto Accidents Attorney serving St. Paul, MN
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Arechigo & Stokka, P.A.
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Given the circumstances you described, it is unlikely that you would receive any jail time for this first-time DUI offense. The sentences for most DUI offenses are controlled by statute and first-time offenses do not carry any mandatory minimum jail time. If you plead guilty or are convicted of the DUI, you will, however, most likely be required to submit to a chemical dependency evaluation and attend a victim impact panel. I would need to know a little more about the facts of your case, but it sounds like the state might have an issue proving that you were in physical control of the motor vehicle while under the influence of alcohol. You should consult an experienced DUI attorney before deciding to plead guilty.
Answered on Mar 18th, 2013 at 9:09 PM
It sounds like you have two questions, first will you be charged and second, if charged will you face jail time. Police officers do not have to see you drive to charge you with either DUI, DUI per se, or DWAI in Colorado. There is not sufficient details in your question to determine the likelihood that you would or would not be charged in Colorado. If charges would be brought is based on a totality of the investigation. Including what the officer knew before contacting you and what statements you made at the time of the arrest. If you are charged with DUI, DUI per se, or DWAI and it is a first offense, with a BAC around .08, you would most likely not face jail time. However, there are several consequence to DUI convictions. I would consult a local DUI attorney in your area for advice based on your specific situation. Just because you are charged, does not mean that you do not have a defense or that the prosecution can prove the charges.
Answered on Mar 18th, 2013 at 9:07 PM
You should hire a DUI attorney to review your case. A review of the police report and a discussion of the facts could develop several defenses that could lead to a dismissal of your case. If you cannot afford an attorney, plead not guilty and request a public defender. Also, due to the borderline reading of .08 there is an excellent chance the charge could be plead down to "impaired driving". No jail time, no suspension of your license (unless you did not request a hearing from the DLD to suspend your license under the Public Safety Laws within 10 days of your arrest) If you end up guilty of a DUI and it is a first offense, the mandatory sentence is a minimum of 2 days, but most courts will allow you to serve 48 hours of community service instead.
Answered on Mar 18th, 2013 at 9:04 PM
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In Utah, if you are convicted of a first time DUI, you are usually sentenced to 2 days in jail. That can change based on the particulars of the case.
Answered on Mar 18th, 2013 at 8:48 PM
Michael J. Breczinski
Well you want to get an attorney and fight the matter. You could have gotten drunk after you had driven. Can they prove otherwise? DO NOT plead guilty right away or you lose all bargaining power.
Answered on Mar 18th, 2013 at 8:43 PM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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If you blew a .08% on the breath test (BT) you should definitely have your case reviewed for trial. You have very little to lose in MA by trying a case on a 1st offense OUI. The sentence on conviction is not far different than what we could negotiate for you through plea bargain. Therefore, if the case has a decent chance of success, you should NOT accept the plea offer until you are sure that you shouldn't take the case to trial. I don't think I can recall a .08% BT result that I did not take to trial and win. Understand that past results do not imply future success. Every case is different. However, with a .08% BT you were right on the line. In addition, you were NOT the driver. You have defenses for 2 of the 3 elements that the prosecution has to prove beyond a reasonable doubt. There is case law that says that the defendant's admission that he/she was the driver is not enough without other corroborating evidence to prove the element of Operation.
Answered on Mar 18th, 2013 at 8:43 PM
Automobile Attorney serving East Lansing, MI
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Nichols Law Firm PLLC
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Probably not unless you are in certain counties in Michigan. There will also be a defense to you based on uncertainty and the breath estimate. Contact qualified DUI counsel.
Answered on Mar 18th, 2013 at 8:36 PM
Jail should be the least of your concerns. A DUI has a lot of other consequences you need to keep in mind, such as a criminal record, forced attendance in an expensive alcohol program, installation of a IID devide on your car (which is also expensive), a loss of your driving privileges, your insurance doubling...etc. Talk to a DUI specialist before you get duped into a plea that you will regret. And don't forget, you have only 10 days to save your license.
Answered on Mar 18th, 2013 at 8:35 PM