Jail Time for DUI
By: Mary Ann Pekara
Many people wonder if jail time is a possibility in a DUI case. Yes, jail time is a very real possibility, even if this is your first DUI offense.
There can be a range of penalties for a DUI conviction, and jail time is one of them. Many states have laws requiring mandatory minimum jail sentences.
The time spent in jail can range based on whether the convicted person has previous DUIs on their record, or whether anyone was hurt in a DUI accident. Often, penalties are determined by existing laws, with requirements for jail time or other DUI penalties.
A drunk driving attorney may be able to provide you with more insight into your case, and explain these requirements to you. One of our sponsoring DUI attorneys can evaluate your case, and explore the potential for all penalties, including jail time.
For a free case evaluation by a local DUI lawyer, please fill out the case evaluation form on this page.
Habitual Violator and Three Strikes DUI Laws
The jail time served for a DUI conviction can go up significantly with multiple DUI arrests. If someone is repeatedly convicted of a DUI, there can be increased penalties for drunk driving. Efforts by groups like Mothers Against Drunk Driving over the years have led to tighter repeat offender laws.
Repeat offender laws can vary from state to state, based on Habitual Violator and Three Strikes laws which penalize such repeated DUI convictions. These laws in Indiana, to use one example, call for up to three years in jail for a second drunk driving offense in a five year period, in addition to other penalties like an ignition interlock device on a car and fines up to $10,000.
For a 3rd DUI offense, the law calls for a minimum of 10 days in jail. Second and third offense DUIs are charged as felonies.
In most states you may still serve jail time even if you are only facing misdemeanor drunk driving charges. A misdemeanor jail sentence is more likely to result in time in the local jail for up to a year, while a felony sentence may result in more than a year spent in state prisons.
Get in Touch With a DUI Lawyer
That is just one example of state laws for repeat offenders and the potential jail time that can result from multiple DUI convictions. A local DUI attorney can evaluate the laws in your area, and provide a free case evaluation for you.
To get your free case evaluation with a local DUI defense attorney, simply complete the free form on this page and we'll connect you right away.