Getting into a car accident while driving under the influence of alcohol or drugs is no laughing matter. You could face serious consequences, and you may even spend a few days in jail. Fortunately, there are a few things you can do to mitigate the consequences of a DUI conviction. One of them is to seek expert legal counsel. A good lawyer will know how to find the most favorable defenses and the best possible outcome in your case.
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While it’s not easy to determine the exact length of a drunk driving sentence, a few basic guidelines can help you understand the average length of time you may be sentenced to. The amount of jail time a person receives depends on the severity of the offense, the person’s previous DWI convictions, and the specific facts of the case. It’s also not unusual to get some form of probation or another form of community supervision, but these may not be enough to minimize your punishment.
Those arrested for the first time for driving under the influence of alcohol, marijuana, or cocaine are likely to receive a minimum of 30 days in jail, while those who are convicted of a second offense are looking at a minimum of four months in jail and a fine. For those who are convicted of a third DWI within a decade, the maximum term of imprisonment is seven years. Those convicted of a fourth or subsequent DWI are looking at a minimum of two years in jail and a fine. In addition, drivers with a Blood Alcohol Content of 0.08 or higher can face a minimum one-year driver’s license revocation, plus a maximum fine of $1,000.
The best way to determine how long you might be in jail for a drunk driving offense is to talk to an expert attorney. This person can inform you of the odds of winning in court and provide other tips and tricks to help you avoid incarceration. Some states are more strict than others in their policies. For example, in Minnesota, underage drinking while operating a motor vehicle is prohibited. Depending on the state, a driver with a BAC of.08 or more is subject to a six-month suspension of their driver’s license.
There are many other laws and penalties associated with a DUI arrest. Some states require an ignition interlock device for those who are convicted of DUI. Additionally, some states have laws that require a hardship license for those with a suspended license. There are also programs such as SMART Recovery and Alcoholics Anonymous that can help you overcome the demons of addiction. You might be able to avoid a second offense by completing a treatment program before you are arrested again.
Other factors that can impact a DUI sentence include prior convictions, your age, and your blood alcohol concentration. It’s also not uncommon to see a second DWI offender face a license suspension of at least six months.
Montag Law Office 4151 E Street, Suite 200 Omaha, NE 68107 (402) 334-2200