Will I have to serve jail time for my first DUI?

Question

I was following too close to the truck in front of me and kept hitting the breaks. A cop saw this and pulled me over; I blew a .11.

Michael Nichols · Answer

It depends on the facts.

Timothy Klisz · Answer

Not likely except in certain courts. Get an attorney who can best plan  the case strategy with you.

Mark Bruce · Answer

It's unlikely you will serve jail time if you plead to a first time DUI with a .11 level.

Austin Hirschhorn · Answer

Possibly not. It depends on the court where the case is heard. There are some judges who sentence first offenders to jail, but fortunately they are in the minority of the sitting judges. Because of the consequences of an OWI conviction not only with the court but with the Secretary of State who administers your driving privilege it is my recommendation that you hire a lawyer who may be able to negotiate a plea bargain to a lesser charge that might entitle you to get a restricted license for work and other purposes and keep the fines and costs to a level you can manage.

Clayton Lockhart · Answer

Generally there is jail time for a DUI, but in most cases that jail time is suspended for a first offense. The jail time is normally held over your head as incentive to complete whatever other requirements and conditions the court imposes upon you as part of your sentencing for the DUI (i.e., payment of fines, completion of substance abuse counseling, completion of probatioin, ect,)

Brian Steele · Answer

Though in most cases you will avoid initial jail time on a first DWI, it is important you take the matter seriously.  Some courts are sentencing some jail on a first time DWI.  More importantly, all courts will stay up to 90 days in jail and place you on probation.  That means, if you violate a term of probation you will go to jail.  It is important to manage the terms of the probation at sentencing to avoid any unreasonable terms.

Michael Jones · Answer

Dui's with your circumstances are frequently amended to lesser charges that avoid jail sentences; however, ALL defendants convicted of DUI MUST receive a jail sentence of at least one day (24 hours) in the local jail.  Whether a reduction is available depends on a myriad of factors.  You should immediately seek the advice of an experienced, local attorney who knows the prosecutor handling your case.

Dennis P. Mikko · Answer

If you have an otherwise clean record, other than the initial night you spent in jail when you were arrested, it is unlikely that you will serve any additional time in jail.

Larry Dunn · Answer

A first offense DUI has a minimum penalty of two days in jail or 48 hours  of community service and a maximum penalty of 6 months in jail. A  judge  would consider "aggravating" factors to determine if a person should be   sentenced to more than the minimum penalty of 48 hours of community service such   as the blood alcohol level and a person's prior criminal history. While no   attorney can guarantee what penalty a judge will impose, it is rare that a   person with a .11 blood alcohol level and no significant aggravating factors   would be sentenced to more than the minimum penalty.

Patricia Corrales · Answer

Possibly.  No lawyer can guarantee that you will draw "a get out jail" card; thus be prepared for possible jail but hope for the best.  Is it possible to not get any jail time and all you get is probation with terms and conditions...yes, it's possible.  You should really have an experienced defense attorney assisting you to obtain a favorable plea negotiation on your behalf.

Jeff Yeh · Answer

Probably not, but that doesn't mean you should just plead guilty. Contact a DUI specialist to see how the consequences can be minimized. Don't give up just because you blew over; everybody does.

Francis Cowhig · Answer

Depending on the County where the arrest occurred, generally a 1st time  DUI offender will not do 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 orders 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 the Department of Motor Vehicle.  I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your arrest.  He/she would then be in a better position to analyze you case and advise you of your options.

Ryan Berman · Answer

It depends on the Judge you have and jurisdiction (court). Some Judges are known to sentence all offenders to a minimum of a few days in jail, but most only will set probation for first time offenders.

Steven Fairlie · Answer

It is very unlikely that you will serve jail time for your first DUI.  You will want to explore the standards for ARD in the county where this happened with a good criminal defense attorney.

Jeffrey Pollock · Answer

Unlikely.  Based on these ltd. facts, you should explore ARD and/or  the  "DUI Hotel."

Dean Valente · Answer

Depends on the jurisdiction and judge you draw.  Yes, some judges and some courts do have "policy" of sentencing 1st time OWI offenders to jail.

Terry Nelson · Answer

Not necessarily.  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.  However, if you have no other record of priors, and your attorney handles it right, I would expect to obtain a  deal  that does not include jail.  You should expect substantial fines, probation, etc. to get to that point.    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?  Raise all appropriate defenses with whatever witnesses, evidence and sympathies are available for legal arguments, for evidence suppression or other motions, or for trial. 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.

Jared Altman · Answer

You are not likely to get jail time unless you disobey the judge.

Lance Daniel · Answer

Jail time?  Unlikely based on the facts you present.  You may have to do an alternative sentence such as Sheriff's Work Project, or Electronic monitoring.

Gary Russell · Answer

The maximum penalty for an Operating While Intoxicate (OWI) first offense is 93 days in jail  Typically first time offenders receive probation in lieu of jail time, but that is at the discretion of the judge.  Some judges in Michigan have a reputation of sentencing even first time offenders to some jail time.  Therefore, it all depends upon which jurisdiction your in and which judge you are assigned to.

Steven Decker · Answer

Most unlikely.  You are a first offender, you blew under a .16, and there was not an accident.

John Toivonen · Answer

If you are convicted for your first intoxicated driving charge, it is not likely that you will do jail time. However, there is no guarantee of no jail time. If you have an extensive criminal record and you are convicted, the judge may decide to give you jail time.

Bernal Ojeda · Answer

Depends which County your in. In Los Angeles no. In Ventura and Orange County yes. Kern County no. You need to check.

Matthew Kober · Answer

There is a minimum mandatory time of 2 days on a first DUI.  However, a good DUI attorney can sometimes get that waived and converted to community service if you want to do that instead.  Keep in mind this is merely a minimum.  There is a maximum of 180 days.    On a first DUI at .11, as long as noone got injured or died or there wasn't any huge aggravating factors, I would imagine you would be eligible for the minimum.

William C. Gosnell · Answer

That would be 48 hours.

Cristian Michael Towers · Answer

The conventional answer is NO.  However, I will note that I have appeared before certain judges in NJ who felt that even a first offense of DUI warranted SOME jail time.  The Statute permits up to 30 days for a non-enhanced conviction.  As long as your driving history isn't poor and you were cooperative with the officer, you shouldn't get a jail term.

Mark R. Thiessen · Answer

Not usually.  But depends on the Judge, the county, your criminal history and your lawyer.  Hire a DWI attorney and fight it with everything you got.

Gregory Casale · Answer

Although the statute allows for up to 2.5 years in the house of correction for even a 1st offense OUI, it is far more likely that you will receive 1 year of probation. Most Assistant District Attorneys will allow a person, especially represented by counsel, to plead to a 1 year of probation with drunk driving classes. You really should have an attorney, even if you plan on pleading Guilty to this offense. In 9 out of 10 cases (my own rough estimate, nothing scientific) defendants get a far better disposition with an attorney than they get pro se (without counsel). What is even more important is that you never know if there are any issues that can be challenged in your case unless an attorney, experienced in OUI/DWI/DUI Defense reviews the file. There could be a problem with the stop, the breath test administration, its results, the booking video could reveal something... there are many pitfalls that police officers, even experienced police officers fall into. I can't even tell you how many clients I have had who told me the story about an earlier conviction that they "saved money on" by going without a lawyer only to listen and hear things that could have saved them a conviction. I have no idea if you have any issues in your case that could be challenged that may effect the outcome. But that is exactly the point! No one will ever know until it is too late if you go in without an attorney and plead guilty to any criminal offense. Furthermore, since the court will provide you a lawyer if you cannot afford private counsel, there is really no defendant who cannot afford to at least let a lawyer review their file and advise them. I wish you the best.

Gary Moore · Answer

First time DUI offenders do not usually get jail time upon conviction.

Steven Raiser · Answer

It is unlikely. In fact you should be able to avoid a criminal conviction as well.

Kevin Ellmann · Answer

I would be SHOCKED if you served even a single day in jail on a first offense at .11 with no accident.  Good luck!

John Brennan · Answer

It depends on all of the circumstances and the proclivities of the judge.  You could be sentenced to jail and without additional information your question cannot be answered.  Call my office or engage another attorney NOW, you need one.

Steven Alpers · Answer

Probably 2 days which could be done on weekend work, you would not stay overnight.

Christopher Jackson · Answer

Usually not - probably just alcohol treatment.

Daniel Podolsky · Answer

Although it is a possibility that you may go to jail, it is highly unlikely as it is your first DUI offence. A combination of monetary fines, community service, license suspension, and drug & alcohol education will likely be what you obtain via plea bargain. There is always the option of fighting the charge. Regardless, you should consult with an attorney prior to taking any action. Good luck.

Stephen Freeborn · Answer

With a .11 breath test, if convicted,, the court imposes a mandatory minimum of  1 day in jail.  Please do not try and handle this type of case on your own, as there are substantial penalties above and beyond the jail time. Consult with an attorney.

Andrew Myers · Answer

Very unlikely that jail time would be involved in a NH DWI first offense unless there are additional facts excluded from the posting.    Be certain to properly request your ALS hearing within 30 days.    If you are serious about this, retain an attorney ASAP.

Gregory Graf · Answer

Highly unlikely you will actually serve time on a first offense with a .11 BAC.  Most Courts will suspend the jail sentence.

Russell Pietryga · Answer

No.  Usually, even if you plea to the DUI, you will get sentenced to 48 hours instead of jail.  But, because of your low BAC (.11) you will be offered a impaired driving.  With a impaired driving there will not be any jail.  Hope this helps.

William Spern · Answer

Very doubtful. Most likely, you'll be able to plea it down to impair and get a one year probation and restrict driver's license.

Eric Rothstein · Answer

Jail is not likely. I suggest you retain a criminal defense lawyer who knows how to handle a DUI case.

Cary Smalley · Answer

Not necessarily.  I suggest you consult with an attorney to ensure the best possible outcome for your case.

Nathaniel Shafer · Answer

If convicted in Utah, you are required to have 2 days in jail, but it could be longer. Hire a talented attorney and you may avoid a conviction.

Ernest Lee · Answer

Friend:                  Probably not, . if it's your first DUI. Most times your license will be suspended for 6 mths and you will be fined,. In my county, San Diego, the various and sundry files and fees total approx. $ 1500 -1800. If you have a need you can get a restricted driving privileges, i.e., where you may drive to work, school, or to get med care/take a relative to med care. You are not eligible for the restricted driving privilege license until 30 days after the DUI  acquisition date.  But in all reality you should hire counsel because they may be able to get your DUI reduced to a lesser offense so that you do not have a regular DUI on your driving record. In addition, if you challenge the constitutionality of the DUI within the first 10 days through the DMV you may be able to get the DUI dismissed.

Konstantin Gurovich · Answer

Your question depends on the county and state you received your DUI in. Most first time DUI charges in California do not contain jail time unless you had a collision. In your case there is no collision. I do recommend you retain counsel because some attorney are able to get settlement to a wet and reckless charge rather then a DUI or even dismiss the case altogether based on the evidence in the police report.

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Will I have to serve jail time for my first DUI?

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