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Can you got to jail for a first DUI?
Question:
I just got charged with a DUI and heard that penalties can include jail. Is this really likely?
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Get Informed - DUI/DWI Law Information
We've got a large library of DUI and DWI law articles, Q&A's and other resources. Start here to learn about DUI laws, arrests, defense, penalties and more.
DUI Basics
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Get the low down on the law and what you can expect if you're arrested and charged with a DUI.
Your DUI and the DMV
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
Besides the court and criminal charge the Department of Motor Vehicles will also bring you grief.
DUI Arrests, Police Reports, Arraignments, and Fees
After you're arrested, booked and released, you'll need to get ready for your arraignment.
After you're arrested, booked and released, you'll need to get ready for your arraignment.
DUI/DWI Charges and Penalties
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
After a DUI conviction expect fines, license suspension, DUI school, and sometimes jail.
Fighting a DUI
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
You may have options to lessen the sentence, get a reduced charge or get the case dismissed.
Getting Help with a DUI/DWI Charge
There are some things you can do yourself and some which require the help of an attorney.
There are some things you can do yourself and some which require the help of an attorney.
Driving under the influence (DUI) is a serious offense in the United States. State law prescribes the punishment for DUI. Generally, a first DUI offense is a misdemeanor offense in all states. Under criminal law, a misdemeanor offense is an offense punishable within a jail term that can extend to one year. Generally, if this is your first DUI, chances are that you will be let off after paying a fine and doing all the required DUI classes and department of motor vehicle requirements. However, in some circumstances, you can be sent to jail even for a first time DUI.
You will be sent to jail even if it is your first DUI offense if there are aggravating factors. Aggravating factors include the presence of a minor in your vehicle or a very high blood alcohol concentration. The jail term for a first time DUI offender can vary from state to state. It can be anywhere between 24 hours and one year, depending on the state's law. Besides jail term and fines, a first time offender will also have to do community service and attend DUI classes in some states. In most states, a first time DUI offense will result in the suspension of the driver’s license. This suspension is an administrative action and does not depend on the outcome of the DUI case against you. You can, however, request an administrative hearing against the suspension of your license.
Although a first DUI offense is a misdemeanor offense, it can become a felony offense it there is bodily injury, death or property damage. In case you are charged with a felony offense, you will have to spend time in jail if you are convicted. If you have been charged with DUI, you should immediately get in touch with an experienced DUI attorney.
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