Jail Time for First DUI Charge

If you were arrested recently for driving under the influence, there is a possibility that you could be facing time behind bars. Contrary to popular belief, jail time for first DUI charges is on the rise. However, the likelihood that you or someone else will spend time in jail for your first DUI depends on the circumstances of your case.

State DUI laws and penalties are constantly evolving. The required penalties for a DUI can vary based on the state where the DUI conviction is taking place. In some states, harsh penalties (jail time) are imposed on first time offenders for DUI.

If you are wondering about the possibility of you facing jail time for your first DUI arrest, talk to one of our sponsoring DUI attorneys. Simply fill out the form below to get a free case evaluation from a DUI attorney.

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Contributing Factors for Jail Sentencing

For DUI cases, the specific details play a major role in sentencing. While jail time is not the most common penalty for a first-time DUI, many states have laws that increase the penalties or add charges for other factors. For example, if someone is injured or killed as a result of a DUI accident then the driver may face additional charges and penalties.

With a DUI accident that causes injury or death, the penalties can quickly escalate. This includes a rise in the likelihood of jail time. Sometimes called a DUI with injury, such an offense can be a misdemeanor or a felony, with consequences that can depend on criminal history and other factors.Other factors affecting the sentencing can include the blood alcohol content level and the presence of children in the vehicle.

Repeat DUI Offenses Higher BAC

Once someone is convicted of DUI more than one time, the likelihood of jail time for a DUI goes up quite a bit. Repeat offenders are subjected to a series of escalating penalties, which include not only things like mandatory ignition interlock devices and long driver's license suspensions, but also jail time.

Also, in some states, even first-time offenders could face jail time if they register a blood alcohol content over a prescribed limit. In Virginia, for example, a first-time DUI conviction comes with mandatory jail time for those who register more than a .15 BAC and a .20 BAC.

Talk to a DUI Attorney Today

A local DUI attorney can work with the laws in your region to determine whether you may face jail time in your case. Fill out the form below for a free case evaluation, and one of our sponsoring attorneys can have a look at your case.

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