How likely is jail time for first DUI?

The first DUI can have very different consequences than repeat offenses, including probation, loss of driving privileges, and monetary fines. However, how likely is jail time for first DUI? Serving jail time for a first DUI is typically quite rare, as the offender is often given a warning in the form of a probation sentence rather than jail time.

But there are other factors to be considered, however, that can increase the likelihood of jail time for a first time DUI. These include the severity of the accident, property damage, or injury to others. Even if the first DUI offense is only likely to be charged as a misdemeanor, it’s important to take the consequences very seriously.

CoastalVirginiaLaw CTA

Expected consequences

Generally speaking, your first DUI will commonly put you on probation. Depending on the severity of the case, however, the court can sentence the offender to a period of jail time in the county jail. Even if the DUI is charged as a misdemeanor offense, jail time may still need to be served, but this will depend on the local and state laws. Along with jail time, the state may mandatorily suspend the offender’s license for a specific period.

If you have a clean driving record prior to your first DUI, then an occupational driver’s license may be given to you. This is sometimes called a “hardship license” as you’ll be granted the ability to drive to school or work — but nowhere else. Probation sentences for a DUI conviction don’t only include the time served but will also generally include court costs, a substantial fine, urinalysis fees, and probation fees. Along with these fines, you’ll have to take drug and alcohol tests, attend counseling, and serve community service hours.

Typically speaking, the offender will be asked to install an ignition interlock device. Oftentimes the person’s license will be suspended as well. A fine may also be ordered, which for a first time DUI offense could be anywhere between $1500 to $2000. If the offender is sentenced to serve jail time for the first DUI offence, the sentence could be between 10 to 30 days.

These are the usual punishments that someone with a first-time DUI offence can expect, however, keep in mind that every DUI case is different, so the fines paid and the number of days served in jail may wildly differ. The judge ruling over the DUI case will ultimately decide whether the offender should serve jail time or not.

Always take a DUI charge seriously, even if it’s your first time. The fines that may end up paying can seriously hurt your finances, so it’s best to speak to a DUI attorney to better understand the potential consequences you may face. The attorney may also be able to help you reduce the penalties and fines that come as a part of your sentence, but that will depend on the specifics of your case.

Punishment for first DUI offense

If the offense is not severe, it could be considered a misdemeanor crime. The punishment for a misdemeanor charge may include probation, license suspension, community service, and a few fines. However, keep in mind that other factors can affect the punishment and may result in prolonged penalties and sentences.

Along with the DUI’s criminal nature, there is the administrative element as well — and this could be as challenging as the charges. For example, if you refuse to give a breathalyzer test, your license will get automatically suspended, even though you haven’t officially been charged with a DUI.

Having your license suspended is pretty much guaranteed because nearly all states will require it after you’ve been charged with a DUI. For first-time DUI, the license suspension period can last for up to one year.

Understanding license suspension

For those who want to regain their license as quickly as possible after the license suspension, you’ll need to meet with both an administrative law judge and a criminal law judge. If your license is fully suspended, you shouldn’t drive under any condition. If you do and are stopped by the police, further charges and fines may be placed against you. If you fail to adhere to the conditions of your probation and sentences, you risk being sent back to jail.

Long-term consequences of DUI offenses

What DUI offenders must consider are the serious long-term repercussions of their offense. Even if the conviction is deferred, these details will be reflected on their permanent driving record, which can work against them later in life. As in the case of a second DUI, the consequences will be significantly increased above the penalties and sentences of the first DUI.

Different states will have different rules and regulations, but getting multiple DUI charges can lead to felony-level offenses. If you’re caught multiple times with a DUI offense, the court will then have the chance to decide whether your crime should be deemed a felony.

Wrapping Up

Driving under the influence is a crime, and being charged with a DUI is always a serious situation. Whether you have a past history of getting a DUI or not, it will still be considered a crime.

Another thing you should be aware of is that once you commit a DUI offence, your name will be permanently registered in a public record. If you’re employed by the government, for example, having a DUI on your record can cause career problems down the line.

The best advice is to never drive after you’ve been drinking to avoid ever being stopped and charged with a DUI. Driving under the influence can not only hurt your future but also puts you at serious risk of hurting someone else. If you do end up with your first DUI, the recommended advice would be to meet a DUI attorney as soon as possible. The attorney will help you understand the charges and what options you have with moving forward.

Leave a Reply

Your email address will not be published. Required fields are marked *