QUESTION

Will I go to jail for my first DUI?

Asked on Jan 23rd, 2013 on DUI/DWI - Michigan
More details to this question:
I got a DUI last week and spent the night in jail. I blew a breath test and failed. Will I have to go to jail again? I've never had anything on my record - ever.
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13 ANSWERS

John J. Carney
Retain a good criminal lawyer to handle the case. It it was under a .13% BAC you will be allowed to plead to a DWAI violation.
Answered on Feb 25th, 2013 at 5:09 AM

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Michael J. Breczinski
Well usually not but that depends on the facts and the judge.
Answered on Jan 28th, 2013 at 10:13 AM

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Personal Injury Attorney serving Northglenn, CO
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If this is your first DUI and there were no aggravating factors, such as, accident or injuries, you should get probation. However, if your BAC is over .2, there is a mandatory 10 day jail sentence.
Answered on Jan 24th, 2013 at 10:27 PM

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Criminal Defense Attorney serving Brighton, MI at The Law Office of Steven M. Dodge, PLLC
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That very much depends on who has been assigned as judge on your case. Some judges will incarcerate first time offenders but they are the exception rather than the rule.
Answered on Jan 24th, 2013 at 12:31 PM

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Appellate Attorney serving Grosse Pointe Farms, MI at Musilli Brennan Associates, PLLC
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Is is not likely there will be jail one the first offense, but it is possible, and no opinion can be rationally offered offered at this point without additional facts.
Answered on Jan 24th, 2013 at 12:23 AM

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Probably not, but the consequences for a DUI conviction are plenty. You better hire a DUI specialist, and do it soon, because you have only 10 days to save your license.
Answered on Jan 23rd, 2013 at 7:44 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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On a first time DUI you are usually looking at the following penalties: 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 Jan 23rd, 2013 at 7:36 PM

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Bankruptcy Attorney serving Federal Way, WA at Freeborn Law Offices P.S.
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Depends upon the result of the breath test. At minimum, you are required to spend 24 hours in jail. If your breath test is .15 or above, you will need to do a minimum of 2 days.
Answered on Jan 23rd, 2013 at 7:36 PM

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Criminal Law Attorney serving Worcester, MA at Gregory Casale, Attorney at Law
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You should not be jailed for a 1st offense DUI unless something well beyond a standard DUI occurred.
Answered on Jan 23rd, 2013 at 7:35 PM

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Criminal Law Attorney serving Boulder, CO
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not usually, unless your number was over .20
Answered on Jan 23rd, 2013 at 5:15 PM

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Bankruptcy Law Attorney serving Whittier, CA at Goldbach Law Group
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You will more than likely not go to jail for a first offense. You will get a court fine, be put on probation, and have to attend a DUI alcohol program and more than likely have your drivers license suspended for four months. Good luck!
Answered on Jan 23rd, 2013 at 5:14 PM

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Immigration Attorney serving Salt Lake City, UT
Partner at Natty Shafer Law
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If you are convicted of the DUI, in Utah you are usually sentenced to 2 days in jail for a first time DUI.
Answered on Jan 23rd, 2013 at 5:14 PM

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Automobile Attorney serving East Lansing, MI at Nichols Law Firm PLLC
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It depends on your judge.
Answered on Jan 23rd, 2013 at 5:14 PM

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