Mandatory Jail Time for DUI Convictions
As laws pertaining to driving under the influence continue to become harsher throughout the country, more states are passing laws to make jail time mandatory for DUI convictions. Your state may or may not have such laws, so do check with an experienced DUI attorney in your area to determine what legal provisions apply to you.
Mandatory minimum jail sentences for DUI convictions range from as little as one day or a weekend up to a year. Even in jurisdictions that recommend jail time, however, judges are often allowed discretion as to whether to uphold or suspend the sentence and perhaps give the defendant probation and/or community service instead. First offenders have the best chance at having a jail sentence suspended.
Moreover, a judge has broad discretion to award “credit for time served” and suspend the remainder of the jail sentence, or even credit the defendant with serving more time than is actually served.
By definition, “jail” is time served up to a year and is usually granted only if you are charged with a misdemeanor DUI; if you are charged with a felony DUI and sentenced to incarceration for more than a year, that is “prison.” Felony DUI charges can come about for various reasons, including but not limited to the following:
- Accident involved with the DUI
- Bodily injury or death to someone else involved
- Driving under the influence with children in the car
- Exceptionally high blood alcohol content
- Repeat offenders
As you approach your defense on a DUI charge, it is vital that you understand both the charges against you and the possible penalties you may face, especially if you can face jail or prison time. Find an experienced DUI attorney in your area who will know the applicable laws and will be able to fight for the best possible result in your case.