DUI- Am I going to Jail?One of the most common concerns for drivers arrested for drunk driving or driving under the influence (DUI) is whether or not they are going to jail. Although many states allow a jail term for first-time offenders for most drivers, assuming there are no aggravating factors, it is unlikely they will face incarceration. Most first-time offenders will receive probation along with a variety of other DUI penalties.
First time offenders could, however, end up in jail if they fail to follow the terms of their probation, especially if they are supposed to avoid alcohol and drugs but test positive for these substances.
What factors may increase your chances of incarceration after DUI?Some drivers arrested for DUI will be sent to jail, and there may be reason to be concerned. In fact, there are some common factors which may increase a drivers chances of a jail sentence. Below we have identified these factors which can include:
- If you have a previous prior drunk driving conviction within the look back period for your state.
- You are intoxicated with a high blood alcohol concentration (BAC). Some states specifically outline what BAC they consider high. For instance, some states list a BAC above 0.15% as very high and may specifically require a jail term at this level (state laws vary).
- If you injured another driver or passenger
- If you caused a traffic accident, regardless of injury
- The judge on your case, although some states give judges more flexibility to dictate penalties than others.
- If you were arrested with a minor in the car (state laws vary on what age is considered minor)
- If you have an attitude that the court views as not remorseful