How Long Are You in Jail For Drunk Driving?
Whether you’re wondering how long you can serve in jail for drunk driving, or if you’re worried that you’ll lose your license, several factors can help determine the actual amount of time you’ll spend behind bars. The severity of the offense, the prior DUI history, and the aggravating factors all play a role. You should also consult an experienced attorney to ensure that you’re protected from the worst penalties.
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In general, you can expect to be in jail for a minimum of two days if you’re charged with a first-time DUI offense. This is typically the maximum time you’ll serve, but it’s not uncommon for the court to impose an alternative sentence, such as probation or electronic monitoring. Depending on your case, you may be able to avoid jail by completing alcohol treatment or other programs.
If you’re charged with a second DWI offense, you’ll likely be sent to jail for at least three days, and possibly longer. There’s no fixed number for how long you can spend in jail for a second offense, but it’s usually within a range of 30 days to a year. Your attorney can help you avoid additional jail time by reducing your charge or finding a more favorable outcome.
If you’re convicted of a third DUI within seven years, you’ll be facing enhanced charges. In addition to serving time in prison, you’ll have to pay a fine. The minimum fine for this offense is $1,000, but you could pay as much as $2,500. In addition, you’ll have to undergo mandatory alcohol treatment, such as SMART recovery or Alcoholics Anonymous. You’ll also have your driver’s license suspended for a minimum of one year. In some cases, you’ll even have your insurance premiums canceled.
A felony DUI conviction can result in a prison sentence of several years. These cases are also often charged as crimes of intoxication manslaughter, which means you may face a prison sentence of up to five years to life. You’ll also be charged with intoxication assault, which can mean a prison term of 2 to 10 years.
If you’re charged with aggravated DWI, you’ll face a minimum fine of $1,000, but you can face as much as $5,000. If you’re arrested for a third DUI in 10 years, you’ll have to serve an additional 18 months in prison. You’ll also have to pay a minimum fine of $1,000 and have your driver’s license suspended for at least one year. You can also receive community supervision, which will reduce your prison sentence.
A fourth DUI in 10 years will result in a felony charge, which is usually followed by a prison sentence of up to seven years. In some states, you can also face criminal vehicular homicide, which will mean a felony charge of up to 20 years in prison. In other cases, you can get charged with a Felony of the Third Degree, which means you’ll be required to serve at least two years in prison.