Will I be Required to Go to Jail for a DUI, and How Can I Avoid It?
Criminal offense charges of DUI and DWI, or refusal to provide a breath or blood test samples are all very serious arrest charges if convicted in court. First offense jail time is far more likely with a guilty conviction under the law today, additionally carrying minimum penalties with a driver’s license suspension, permanent criminal record, fines over $1,200, and required to use an ignition interlock. 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.
In other words, anyone who is arrested for even a first-time misdemeanor DUI offense, will still need attorney to help them avoid these consequences of serving potential time behind bars. 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?”
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.
Many people arrested and charged with a DUI or 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.
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 and DWI arrest convictions will have a mandatory minimum sentence. 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 conviction, an average fine of at least $1000, minimum suspended license for one year, and the possibility of at least 10 to 30 days required jail time is likely in many 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 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 they and have imposed severe penalties which often includes some jail time to be served, and this strict punishment reflects that commitment.
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 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.
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