Does BAC make a difference in jail sentencing for a DUI?

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Question:

Does BAC make a difference in jail sentencing for a DUI?

Answer:

The jail sentence for DUI can vary based on a number of factors including:

  • Whether or not you have any previous offenses
  • Whether there were any circumstances that made the situation worse (called aggravating factors). Examples of aggravating factors include driving drunk with a minor child in the vehicle with you
  • Whether you caused a motor vehicle accident by your drunk driving
  • Whether you are under the age of 21

Your BAC can also make a difference as well. If you are close to the legal limit, then you may be able to plea bargain the case down or argue for leniency in sentencing and avoid jail time altogether, especially for a first offense. If, on the other hand, your BAC is way above the legal limit, then you are viewed as more of a risk and you may face more serious charges. In some cases, those with an extreme DUI may also face more jail time than if you had been closer to the legal limit.

Whenever you are arrested for DUI, it is important to contact a lawyer. An attorney can explain to you what potential consequences you are facing and can help you to explore your options for handling the DUI charges against you.

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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