How Likely Is Jail Time for First DUI?
Are you wondering how likely is jail time for the first DUI? The answer lies with the severity of the case. Thankfully, in most states, even in Florida that has zero tolerance to drunk driving, your first DUI offense with no criminal record will not result in imprisonment.
While this is the case, the judge can change the charges' level and nature depending on the severity of the incident. For example, if you destroyed property ($500 or more), endangered a child or minor, caused a serious injury or death, the court might not be on your side.
The wheels of justice might also not be in your favor if you have a criminal record or there is a negative character testimony in court.
The likelihood of jail time for the first DUI grows exponentially if the court deems you as careless with your actions. For example, if you have a blood alcohol concentration (BAC) of .08 and the police officer stops you when you are driving your child to school, you are highly likely to get a jail term even if you caused no accident or destroyed no property.
Here the court views you as dangerous and someone with no regard for other people’s lives.
What are the other consequences of a DUI?
Many people dread going to jail, but this isn’t the only potential consequence of a DUI. Depending on your situation, the court can sentence you to an alcohol treatment program that you have to carry out in full. And if you fail to complete the treatment, the court can issue a summon, and you are given a more severe sentence.Another consequence of drunk driving is license suspension. A minor’s license is suspended immediately in most states, but for those over the age of 21, they have to wait until the court serves their DUI conviction.
How long does it take to file for a DUI charge?
There is no definite time as this varies depending on the court system in your area. If you live in rural and suburban areas, the case can take anywhere between a week to six months, depending on the population. This time includes case processing, court appearances, and sentencing.On the other hand, if you live in urban metro areas, the time goes up due to the large population that the courts have to serve. In places such as Orland, Miami-Dade, Jacksonville, and Tampa, a DUI case can take up to a year.
Thankfully, you can hire a qualified lawyer such as Jag Virk Law to help with the paperwork and court processing, reducing the filing time.
What are the consequences when an under 21 gets their first DUI?
If the minor refused to take field sobriety tests, the license is suspended for up to one year.
The minor can also be given a fine where the fine amount varies depending on the severity of the situation.
In most states, jail time is unlikely for minors convicted of DUI for the first time, but the decision solely lies at the court’s discretion.
What happens when you are arrested for DUI?
When a police officer stops you and you are arrested for DUI, you are put in jail until your BAC goes to zero. The duration you stay in jail depends on your BAC levels and your body, but it often varies from a few hours to an entire day.The authorities will then process your case, and you are presented to the court and the incarceration for your first DUI case is at the discretion of the court.
Does DUI go on your record?
It’s possible to expunge a minor’s DUI record, but you will need an experienced attorney to help you with it.
Do you need a lawyer for your DUI?
Some landlords might also refuse to rent you a house due to the record.
The best way to prevent this from happening is to avoid drinking and driving but if you have been involved in a drunk driving incident, hire a DUI lawyer to protect you.
The lawyer will scrutinize all areas of your case and poke holes in the weak ones. For example, the lawyer will look into your arrest. Did the arresting police officer have a reason to stop you in the first place?
Most states will require the police officer to have a reason for stopping you. For example, if you are swerving on the road or driving too slowly. The lawyer will look into this, and if the police officer didn’t have a reason to stop you, you might walk free.
The lawyer will also analyze your testing. Were the tests done properly and voluntarily? Were you pressured to take them? If there is any area the lawyer can attack, they will find it and capitalize on it.
Even if you are incarcerated, your DUI lawyer will fight for your public record so that the DUI case doesn’t show up. This is more important if you are a minor.
To conclude, if you are facing a DUI case, don’t leave your fate to the court. Hire an experienced attorney who will leave no stone unturned in your drunk driving case and defend you in the best way possible.
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Posted - 04/26/2021
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