At Morrow and Artim, we make every effort to make sure that you avoid jail.
At the initial stage of being stopped, whether or not you go to jail is up to the officer. Usually, if you are too drunk to drive, you may expect to spend a night in jail to sober up. However, sometimes, people with low Blood Alcohol Content (BAC) are allowed to drive home and will receive a summons in the mail.
If you are arrested at the scene, the office will ask you to submit to a breathalyzer test at the scene. Be sure that you submit to this test. If you don't, you will have committed another crime. Also, make sure you submit to tests at the station. Refusals carry strict penalties.
Once you are arrested for Driving Under the Influence (DUI) and the officer determines your BAC within two hours of driving, your possible jail sentence depends on how high your BAC is and whether you have any prior offenses in the last ten (10) years. You could spend anywhere from 2 Days to 5 Years in Jail if convicted.
If your BAC is between 0.10% and 0.159%, and it is your first conviction, you will spend anywhere from 2 days to 6 months in Jail. If your BAC is a high rate of alcohol, above 0.16%, and it is your first offense, you will spend 3 days to 6 months is Jail. Prior DUI convictions in the last ten (10) years adds a significant amount of Jail time to your subsequent conviction. First, unlike a first offense, a second offense for 0.08% to 0.099% will send you to Jail for at least 5 days and possible up to 6 months. A second offense with a BAC of 0.10%-0.159% will come with a Jail sentence of 30 days to 6 months.
Finally, a second offense with a high rate of alcohol, above 0.16%, and you are facing 90 days or up to 5 years in jail. Third or more offenses go even higher. A low BAC, 0.08%-0.099%, will send you to jail for at least 10 days, or up to 2 years. A third or more DUI conviction with a BAC of 0.10% to 0.159% will come with a jail sentence of 90 days to 5 years. And if you are convicted of three or more DUIs within a 10 year period, and your new conviction is for a BAC of 0.16% or greater, then you are facing 1 year to 5 years in jail.
Luckily, if it is your First Offense DUI and does not involve an accident or a minor as a passenger, you are eligible for Alternative Dispute Resolution (ARD). This will keep you out of jail initially regardless of your BAC. Here, you will go on probation. However, if you violate your probation, you run the risk of going to jail for the full jail time set for your BAC.
So, will you go to jail if you are pulled over for a DUI? Maybe. If you are not arrested the night of being pulled over, consider yourself lucky and call a DUI Attorney the next business day.
At Morrow & Artim, we offer a no cost, no obligation review of your DUI or criminal law matter via a short telephone consult or an email reply. If both you and our firm agree that legal representation is required, an in-office appointment will be scheduled.Call Morrow & Artim today at 412-823-8003 to obtain the legal help that you deserve.