Will I Have To Spend Time In Jail?
The amount of jail time for a DUI is likely to vary considerably depending upon the circumstances of your case. If this is your first conviction, it is very unlikely that you will have to spend time in jail beyond the time it takes for a friend or loved one to pick you up from the police station after an arrest. With that being said, once you are in custody, law enforcement officials have the discretion to hold you for up to 72 hours.
The situation may be more serious if you are facing a possible repeat driving under the influence offense, or if there are aggravating circumstances that make an offense more severe. These DUI cases often do include jail time.
Jail Terms For DUI Offenses
The jail time sentenced for DUI offenses can very considerably. Generally speaking, the more offenses that you have the greater the likelihood there will be of spending significant time in jail for a DUI.
Jail terms for drunk driving violations follow:
- First conviction. While you are unlikely to spend a lot of time in jail for first DUI offense, there are situations that may call for a sentence of up to 30 days.
- Second conviction. A second conviction will require that you spend a minimum of five days in jail. At the discretion of the judge, this may be converted to 240 hours of community service. If your blood alcohol content is .16 or over, you will face a mandatory two days in jail in addition to all other penalties that may be assessed.
- Third or fourth conviction. Third and fourth convictions generally result in being charged with a Class 2 felony and prison time from 3–7 years.
- Fifth conviction. A fifth conviction will result in a Class 1 felony and prison time from 4–15 years.
- Sixth or subsequent conviction. These are Class X felonies and punishable from 6–30 years in prison.
It is important to remember that longer sentences may apply to offenses involving the transportation of minors under the age of 16, accident injuries and traffic deaths. These aggravating factors typically cause offenses to be treated significantly more severely by the courts.
