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Can I get out of jail for a second DUI conviction?
Question:
I was arrested for a DUI for the second time in my life. I am pretty sure I am looking at jail time if convicted, but is there any way to avoid it?
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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.
DUI laws vary across the states. Generally, if you have already been convicted of a DUI and you are convicted again, you have increased chances of going to jail. However, incarceration is not always certain in these cases.
One reason that you may be able to avoid jail is because your first offense may not be within the lookback period. It is common for states to only regard prior convictions that occurred within a certain range of time. For example, a state with a 10 year lookback period will not consider this a second offense if your first DUI occurred 15 years ago.
If you have a substance abuse problem, many courts will advocate treatment over incarceration. There is a possibility that a court will order you to complete a treatment program and that the threat of going to jail will be dependent upon whether or not you successfully do so. You may increase your chances of having the court recognize your problem if you enroll in a program on your own initiative.
You may also be able to avoid jail for your second DUI because you are in a jurisdiction where there are sentencing alternatives. The court may punish you by imposing the maximum fine, placing you on probation and ordering community service.
Though jail may be avoidable, it is not wise to face a second DUI charge without legal representation. An experienced drunk driving attorney is often required for those who want to avoid a cell.
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