How is a jail sentence determined in a DUI case?

A jail sentence for DUI is technically possible even for a first DUI offense. States take DUI seriously, as driving drunk can have major and sometimes fatal consequences. The more offenses you have on your record, the more likely it is that you will face jail time for your DUI. Other factors that impact how a jail sentence is determined in a DUI case include:

• Whether you plea bargain or plead guilty. If you plead guilty, you and the prosecutor will agree before you go to court on what your sentence will be and the judge will simply hear your plea and accept the sentence in most cases. If you plead not guilty, your fate will be in the judge's hands
• How high your BAC was. The higher the BAC, the more likely you are to face more jail time
• What, if any, aggravating factors exist. If you had a minor child in the vehicle at the time of your DUI, for example, this can make the charges against you much more serious. Causing an accident while driving under the influence can also result in more serious criminal penalties than a simple DUI case when no one is hurt

A lawyer can also have an impact on your DUI sentence, as a good lawyer may be able to arrange a better plea bargain or make a convincing argument to the judge for why he should show leniency in sentencing.