Jail Time as a DUI Penalty

I've Been Arrested for DUI, Will I Go To Jail?

Being arrested for DUI can be a total shock. One of the first things that comes to most folks' minds is, "Will I go to jail for this DUI?"

Jail time is a potential DUI penalty in all 50 states as well as the District of Columbia. Whether or not you will actually be sentenced to jail time, usually depends on three factors.

(Those same factors determine the length of any jail time as well.)

  1. The law of the state where you were arrested.

  2. Whether you have been convicted for DUI previously.

  3. Whether there are mitigating or aggravating factors.

Length of Jail Time Varies from State to State

Some states have mandatory jail time for a first DUI conviction and others do not - in addition, the length of potential jail time varies greatly, depending on state law.

For example:

Your DUI attorney will apply the relevant state law to your individual situation - and explain potential jail time - as well as other possible punishments.

DUI Jail Time is Based on Prior Convictions

As illustrated in our examples above, any previous DUI conviction will increase jail time. Many states have mandatory jail time for subsequent convictions.

If you are found guilty - your DUI attorney will seek to get you a sentence on the low end of the scale.

DUI Jail Time is Based on Mitigating and Aggravating Factors

State laws typically provide a wide range of DUI punishments, including jail time. Then the judge has discretion in handing down the specific sentence.

Here are some examples so you know what we're talking about when we mention "mitigating" and "aggravating" circumstances.

Your DUI lawyer will strive to emphasize mitigating factors and minimize aggravating factors.

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