Jail time associated with DUIs

Resource Guide To DUI & Criminal Defense Services

Providing insight into the legal aspects of the following categories:

  • DUI Defense
  • Criminal Defense

Will I Go To Jail if I am Charged With a DUI?

Several factors play a role in determining whether or not you go to jail upon being charged with a DUI. For instance, your behavior at the time you are pulled over or stopped plays a big role in what happens. The legitimacy of your driver's license and the possession of any types of illegal substances found on your person or in your car can impact the situation greatly. The officer must determine, at his discretion, if you are able to go home and deal with the charges in court, or if you are questionable and need to be arrested. Any existing previous crimes on your record may influence the decision of jail time, as well as the judge's evaluation of the case. These factors can be subjective and vary based on each individual circumstance. Jail time can be avoided based on these factors. Below we discuss instances when jail time is not avoidable.

When is Jail Time or a Prison Sentence Mandatory for DUI Convictions?

While some specifics may vary from state to state, there are some instances in which jail time is mandatory when related to a DUI charge and conviction. For example, if your blood alcohol content is at a specific level when arrested. In many states that level is .20. DUI laws usually stipulate that anyone convicted of DUI charges with a BAC of .20 or more (varies by state), will be sentenced to a specific number of days in jail. The average is about 10 days minimum. Drivers who have a documented history of DUI convictions will face a sentence closer to 90 days to one year in jail. Prior DUI convictions weigh heavily on the potential punishment. If a DUI involves vehicular assault or homicide, the end results is typically time in prison. DUI convictions that involved a fatality can result in the defendant serving between two and twenty-four years in prison. Again, the specific punishment varies by state.

Contacting an Attorney When You Potentially Face Jail Time for a DUI

It is strongly suggested that all accused parties contact a lawyer if they are charged with a DUI. It is your best option for possibly not serving jail time or prison time. Effective criminal defense services can make all the difference in the severity of the charges and the consequences assigned, often times eliminating all options for jail time and reducing fines and penalties dramatically. It also ensures that law enforcement and the judicial system adheres to and respects your rights. Strong defense attorneys specializing in DUI charges can protect you from having those rights violated and argue on your behalf for reduced sentencing, which can usually eliminate jail time considerations when the party is not a habitual offender. We urge you to diligently select a reputable, trusted DUI defense attorney to ensure the most favorable outcome for your situation as is possible. Resist the urge not to spend the money and represent yourself simply because you do not know the law well enough to protect yourself.