Will I be Required to Go to Jail for a DUI, and How Can I Avoid Jail?
Criminal offense charges of DUI and DWI, or refusal to provide a breath or blood test samples are all very serious arrest charges that if convicted in court today, there is a strong chance of spending time in jail. First offense jail time is far more likely with a guilty conviction under new DUI laws that took effect January 1, 2020 – than a person could expect with a DUI charge only a few years ago.
The best arrest-specific defenses that work to stay out of jail after a DUI, will always be based upon each driver’s own unique details of what happened and the traffic stop which led up to the charge in the first place. A successful DUI jail defense remedy that works to mitigate and avoid serving time behind bars entirely, is most often based on identifying a legal technicality by police – which happens during DUI, DWI arrests today more frequently than many people realize.
Since current January 2020 DUI laws requiring jail time are far more complex now than in prior years, police officers also make mistakes more often today with sobriety testing procedure and technicality errors in paperwork or tickets than ever before. Once an arrest review can pinpoint any legality issues which another attorney may have missed or never looked for, this is often the definitive way to avoid jail after a DUI as well as get charges dismissed altogether.
Some drivers worry about the cost of a lawyer, and consequently increase their odds of going to jail by making the critical mistake of hesitating to get legal help or advice. This error most often happens when people are unaware of what local free legal help exists for those concerned about being able to afford DUI defense to stay out of jail.
How long do you have to sit in jail for a DUI conviction today? 10 days up to 6 months is the average range for the length of time a person can expect to serve in jail for DUI if convicted in court.
The exact amount of jail time each driver might serve if found guilty of DUI will always vary, because every case has it’s own unique set of circumstances regarding the arrest details. Chances of jail time can be eliminated entirely in cases when an arrest review finds legal technicality defenses such as there was not probable cause to stop a driver in the first place, which then led to the DUI, DWI charge happening afterwards.
Additional minimum penalties are a mandatory driver’s license suspension, permanent criminal record, average fines over $1,200, and required to use an ignition interlock to drive on a restricted license. A person’s car insurance rates, personal life, job, and ability to travel may all be negatively affected after a driving under the influence arrest sentence.
While reviewing an arrest online, we examine chances of success dismissing or reducing charges and will assess the alternate options of avoiding jail after a DUI. A driver will be provided help how to rigorously make sure the police and prosecutor’s evidence is challenged.
Only a complete review and analysis of an arrest, including the police report and your version of events, will allow our lawyers to provide free legal advice for DUI defense strategies to stay out of jail. Rest assured, your arrest will be reviewed online meticulously for all the best options to avoid jail time.
With high stakes regarding license suspension and jail time chances in a complex DUI court system today under new laws, it is not advisable for anyone to try to handle a DUI, DWI charge without getting legal advice first. Instead, utilize a free online arrest review to identify additional DUI defenses to stay out of jail that another lawyer may have never considered or overlooked entirely.
Do first time DUI offenders go to jail?
The likelihood of serving some jail time is higher today under 2020 DUI sentencing laws for a first offense conviction. In every state, first-time DUI, DWI charges are most often considered a misdemeanor offense, which consequently means up to six months in jail is a possibility under penalty guidelines. Furthermore, the length of first offense DUI jail time could be increased in cases involving injury or significant property damage. Under the new first offender DUI laws, most states today also require mandatory minimum jail sentences of at least 3 days on a first offense conviction or guilty plea.
FightDUICharges has helped avoid jail time for drivers throughout the country facing DUI or DWI charges, with case results getting many first and second offense DUI charges dismissed in court or through alternative diversion programs near a person’s location.
One of the first questions people have after being arrested for suspicion of driving under the influence of alcohol or drug charges, is wondering “will I go to jail for a DUI?” Under January 2020 laws in every state, a first DUI, DWI charge is considered a misdemeanor offense, that includes consequences ranging from 10 days to 6 months time in jail. The underlying facts with each person’s individual arrest, are the determining factors that will specify precisely how much jail time will be required for a particular DUI case.
In other words, anyone who is arrested for even a first-time misdemeanor DUI offense, will still need advice from a top attorney to help avoid these consequences of serving potential time behind bars. Drivers who take proactive defense action by getting expert free legal advice soon after an arrest happens, will always have the best chance to avoid jail time for a DUI, DWI charge in 2020.
Although all drunk and drugged driving offenses will carry significant costs and penalties if convicted, there are potential winning defenses available that may provide legal tactics for how to avoid going to jail for this offense. This is how your arrest information that we carefully examine online, can help us find any technical legal issues with the BAC test or arrest procedure itself, which can lead to a dismissal or reduction of charges.
Review the best local DUI jail defense options available nearby, when you have no money for a lawyer.
Many people arrested and charged with a DUI, DWI often can think they have little choice but quickly decide to plead guilty in court. This often happens even before they have had a first court appearance, or a skilled attorney reviews their arrest specifics of what took place.
Sometimes people hesitate because they worry about being unable to afford a good attorney with no money to stay out of jail, unaware that we can help provide local free pro bono lawyers for DUI after an arrest review so a driver can still get the best DUI defense possible to reduce to clear charges.
One of the biggest issues by assuming to plead guilty before having an arrest reviewed professionally by a DUI lawyer is, many people do not know how a lawyer works to fight the arrest report information in court. Consequently, this can open themselves up to maximum penalties and costs, which sometime include going to jail, even for a first offense case.
For example, many people do not realize that there is a difference between being factually guilty and legally guilty of a DUI or DWI offense in court. Being factually guilty is when the person arrested for the transgression committed the offense. A person is legally guilty is when the prosecution is able to prove beyond a reasonable doubt that the person charged with a DUI/DWI committed the violation, and there is no substantial defense available to win the case.
After a person’s arrest details can be carefully reviewed, a top local DUI attorney can help determine whether someone is factually or legally guilty, and then advise you how to proceed based on your own unique arrest specifics. Many people choose to fight against these charges because if they are successful, they can avoid a criminal record, keep their driver’s license, and not have to worry about the question of whether or not they will go to jail for a 1st offense charge.
Driving under the influence of alcohol or drugs is a specific area of criminal law which is one of the most complex and detail-oriented. This is why each person who has been arrested for any type of this offense will need help from an expert attorney from their area to determine if there are strong defenses in the case. We will also assess what the odds to win are in court, along with what the chances are if you have to serve any jail time for a DUI or DWI offense charge.
If after examining a person’s arrest events, if it is discovered that the police did not conduct their investigation properly or if they violated a driver’s rights, a DUI lawyer can often be successful in fighting to have the breath or blood test results excluded as evidence. No matter what your particular arrest situation is, since this field of law is constantly changing as new decisions are made by judges every day, it is worthwhile to discuss what your best options are with us. Additionally, we will explore any possibility of DUI jail time, and how to defend against that consequence from happening.
Whether it is a first-time, second, or third or more offense, once the arrest details are assessed, we will then be in a position to answer any questions you have directly which pertain to your own case – such as “will I have to go to jail for a DUI or DWI arrest charge offense?” The experienced DUI lawyers examining your arrest will know what the prosecution must be able to prove with your case, and they will discuss those specific facts about your individual case with you.
More importantly, an attorney will then discuss how many ways there are to challenge the collected evidence, which typically will include a broad range of issues. These generally start with what reason the police had for pulling you over in the first place, why they asked you to take a breath or blood test, to ensuring that you were given the option of speaking with a lawyer, as well as making sure any other BAC testing procedures were properly followed during the DUI/DWI arrest.
It is for these significant reasons that the outcome of a case will depend on, why knowing how to combat the arrest information is so essential to a person’s defense of all driving under the influence related offense charges. If you are currently facing a pending misdemeanor, or test refusal charges, you need to know all of your options, what the costs and penalties will likely be, and what the chances are about having to serve any jail time for the offense.
What is the Average DUI Charge Jail Time Length and Penalties to Expect Will Happen?
All DUI, DWI arrest convictions will have a mandatory minimum sentence that will depend on the arrest circumstances for each driver. When there is a mandatory minimum sentence under the law for a conviction of this offense, it typically means a judge has less discretion on how a person should be sentenced. For a first offender DUI conviction, an average fine of at least $1000, minimum suspended license for one year, and the possibility of serving at least 10 to 30 days required jail time is likely in most states.
A judge will also have the discretion to impose a longer driver’s license suspension or ignition interlock, and jail time for the DUI offense when necessary. If a driver’s breath or blood test results read over double the legal limit of .08 BAC, it is considered an aggravating factor and a judge may very well consider that when determining an appropriate sentence or how long of a jail sentence for a DUI offense charge is appropriate.
Once a person has their driver’s license suspended in court, it will be considered a criminal offense to drive any vehicle during the time of suspension. If a person is caught driving on a suspended license for a DUI-related offense charge, serving additional jail time is also a very strong possibility. Finally, if a person decides to plead guilty or is found guilty in court, they will have a permanent criminal record for life, and still may be required to serve at least some jail time for the violation.
Besides these common DUI penalties, consequences, and chances of serving some jail time, a person can also face other punishments and costs. For example, when someone is convicted of driving under the influence of alcohol, in many states it is now required to register for the Interlock Ignition program in order to obtain a valid driver’s license once any driving suspension period ends.
On average, the total cost of the Ignition Interlock program has an estimated cost of $2,000 per year. Since each arrest for every person is different, having a DUI analyzed online through us in enough time could make a big difference in potential penalties. This review includes reducing the chances of serving any jail time whenever possible in fighting a driving under the influence case.
What are the Common Penalties and Chances of Going to Jail for a First DUI Offense Charge Conviction?
Due to the ever increasing severity of new DUI laws which are regularly being added, if a driver has a blood alcohol content of above 0.08, they can expect to face a driver’s license suspension of up to a year on average, and fines over $1000, along with the possibility of serving between 10 to 30 days of jail for a DUI first-time offense as well.
A person convicted of a first time offense will also be required to enroll in an alcohol education program, and likely also be required to have an Ignition Interlock device program in order to get their driver’s license back. Eligible drivers may be able to reduce their license suspension time on their 1st DUI or DWI conviction if they install an ignition interlock system in their vehicle.
How Long of Jail Time is Required for a Second DUI or More Repeat Offense?
For a second or more repeat DUI offense conviction, a person’s driver’s license can be suspended 3 years on average, and the minimum fines are well above the $1,500 cost range. How much jail time is required for a second offender, also will determined by the other factors such as how much a person was over the limit, as well as if an accident, property damage, or injuries were involved.
A convicted 2nd offense DUI driver will also be required to enroll in an alcohol treatment program and install an ignition interlock system in their car, if and when any limited driving privileges are restored. Repeat DUI offense convictions in most states have become very severe, with a minimum jail sentence of 30 to 60 days on average. On a third DUI-related offense, an individual will face much of same penalties as a 2nd offense, but will also be likely serve a jail sentence of at least 120 days or more.
Every state has cracked down on drunk driving offenses and is serious about reducing DUI-related accidents. This is the reason why the court nationwide has imposed severe penalties which often includes some jail time to be served, and this strict punishment reflects that commitment. The best DUI jail time defense remedy that works to prevent serving any time behind bars always has the best chances early after a DUI arrest happens, before going to court in order to pinpoint how to fight any and all evidence police collected such as breath BAC test results and officer paperwork for legal technicality defenses.
If you have recently been arrested for any type of DUI or DWI charge, and wondering if you will have to serve any jail time for the offense, we can assist with legal defense methods of how you can possibly avoid going to jail. Please take advantage of having a the best local DUI attorney nearest your location, review your arrest information online as soon as possible to get help and advice with reducing the chances of jail time. We will also help by exploring any other potential ways of clearing the case altogether, which will always come down to every person’s own unique arrest situation as to what happened.
1st, 2nd DUI jail time defenses that work to avoid serving a sentence behind bars, are most often based on finding legal technicalities with the DUI arrest itself or police paperwork errors and other officer mistakes.
DUI Jail January 2020 – Additional Jail time DUI, DWI Defense Law References:
- How to Find a Good DUI Lawyer – Everything You Need to Know Not to Get a Bad DUI Attorney - January 26, 2020
- Getting a DUI While Parked or Sleeping in Your Car - January 23, 2020
- I Just Got a DUI and Need My License for Work to Keep My Job. What Can I Do to Drive After DUI? - January 20, 2020
- Do You Go to Jail for a DUI, DWI? - January 17, 2020
- What Are My Chances of Beating a First Offense DUI Case? - January 17, 2020
- How Long Do I Need To Have An Ignition Interlock Device Installed for a First DUI Offense? - January 10, 2020
- I Was Arrested for DUI, but Don’t Have a Court Date Yet. How Long do the Police Have to Charge Me With a DUI Offense? - April 19, 2019
- What Happens if I Can’t Afford to Hire a DUI Lawyer? - April 15, 2019
- How to Get Rid of a DUI, Clear a DUI Charge From Haunting Your Life in 2020 - April 14, 2019
- How Can I Beat a DUI, DWI Charge on a Technicality if There are Police Report Errors? - April 5, 2019