am i going to jail?

Question

I got my first DUI early this morning, and was arrested and arraigned. I am out on bond, and never actually went to jail yet. In anyones' opinion here based on experience in the field, is it likely that I'm going to do jail time? I have no prior criminal history (other than a couple of tickets for speeding or whatnot) have no drug history, no history of any kind whatsoever. I blew a .119 and the limit is .08. Please spare me the "you DESERVE to go to jail" creed as I am already truly apologetic for what I have done, and don't need to be judged anymore than I have. I'm just nervous as to know what my fate holds. I live in West Virginia, by the way.

according to the link it says minimum 24 hours in jail maximum 6 months minimum 100 dollar fine maximum 500 dollars...does that mean IF I get jail time it will be minimum 24 hours or does it mean i'm getting at least 24 hours regardless

Answer 1

Too bad you don't want to be chewed out, since most of us feel we have the right to chew you out. Driving drunk... if you'd been on the road with me, you could have killed me. My step son had 3 DUI's in TX, but amazingly was only cited for one. The last time they thought he'd be DOA on arrival at the hospital so they didn't bother testing him. Now he has permanent pain that reminds him NOT to drink and drive. That's a blessing, as he should have been dead with his last DUI.

You see, we all know what you refuse to admit... that you'll probably just go out and do it again.

My SS had no other criminal history... just an attitude that it was no big deal. Sure he was apologetic but when he got sobered up, as each day went by and he didn't have any residual pain or jail time, he was apologetic but insisted he could drink and drive and it wouldn't happen again. Once your worries go away, your apologetic attitude may well disappear as well, which is a shame.

In any case, the information you need is at a website I've listed below. You need to talk to an experienced DUI attorney and there's some kind of educational program, it looks like, that might help you if you use the program. I'll add that link as well. You can find out the consequences at the first website that can happen in WV.

Answer 2

A vehicle that’s out of control is among the most lethal weapons of mass destruction. Every state intends to implement strict DUI laws that deter citizens from risking the offence. Moreover, offenders are dealt with severity; so that they do not repeat the offense and that the cases act as examples for others to be more careful while driving. You might want to consider the punishments and penalties that states in the US have in place for DUI offenders-

Jail Time – A serious punishment for a serious offence
Driving while intoxicates is among the most irresponsible acts a human can commit. An out of control vehicle can easily prove to be a cloud of death for several people. Naturally, the punishments that such offences attract are strict. Most states treat first DUI offence as a misdemeanor that’s punishable by as much as six months jail time. The jail time can be increase depending upon the severity of the offence, which is often determined in terms of the BAC (Blood Alcohol Content) for the offender at the time of arrest. Repeat offences are considered as felony, as are offences that lead to someone being killed or severely injured. Such offences are punished with several years of jail.

Fines – financial penalties to deter citizens from driving while intoxicated
Depending upon the circumstances of the arrest, a court can slap fines ranging between $500 and $2,000 on the offending party.

Driving License suspension – a practical deterrent for first time DUI offenders from repeating the offense

There’s always a good chance that a first time DUI offender’s driving license will be suspended for around 90 days, as per the mandate of the court or the motor vehicles department of the state. Such a penalty proves successful in letting the offender absorb the importance of being a responsible driver. Also, this penalty is slapped on repeat offenders with added severity. For instance, second time offender can have his/her driving license suspended for a year, whereas a third time offender can be banned from driving for 3 years. There are other penalties as well, which border around license suspension, and extend to confiscation of vehicle-

Some states are so severe in the implementation of DUI laws that they can penalize anybody refusing to undergo a blood or other test by suspending license.
The registration of the car or any other vehicle can be confiscated temporarily or permanently
Some state laws recommend the usage of an ignition interlock which requires the driver to breathe into it and only lets the car start if the BAC is found to be satisfactorily lower than the limit prescribed by law.

Treatments, assessments, and community service

There are some states that take a focused stance as regards DUI laws, and include alcohol teaching, alcohol abuse treatments, drug dependency assessments and community service as a part of the penalties. These recommendations could even be treated as an alternative to jail time, or can be added on to other fines and penalties.

Stricter sentenced for young offenders
A young person has no respite upon being charged with DUI, and is in fact expected to be treated strictly in terms of the punishment decided. The legal age for drinking is 21 in most states, and a DUI offender less than that age is also an offender for the drinking laws of the state. The BAC level treated as the limit for minors is less than that for adults. Most states suspend a minor’s driving license for one year even on the first offence.

Other penalties that a DUI offence beings with itself

The state laws are just a part of the problem for DUI offenders. Here are more penalties that can result from a DUI offence –
The insurance company of a DUI offender has solid reasons to increase the policy rates, or even cancel the policy
Employers have the right to terminate the employment of individuals who are arrested for DUI crimes, provided driving has a direct implication on the performance of the duties
If the drunk driving ends up damaging somebody’s property of causes injuries or death, there may be a civil lawsuit filed by the other party

Answer 3

not sure about your state, but I don't think you'll do any jail time as you describe the situation.

It will probably cost you anywhere from $5,000. to $12,000 in fines, fees, etc. but I would be surprised if there was any jail time.

For future reference you do have the right to refuse a breathalizer, as they are not 100% accurate. If you refuse you'll do the field sobriety stuff of course, but if you passed that, they couldn't legally do anything other than have you call someone to come pick you up.

With a good lawyer, you might still get the breathalizer thrown out, especially as it wasn't ridiculously over the legal limit. Might be worth spending a grand on a lawyer if they can save you several thousand more and not have a DUI on your driving record.

Answer 4

It is a misdemeanor the first time.
The 24 hours in jail is mandatory as is the fine.
The reason you spend 24 hours in jail, is so that the next time (and I hope that there won't be a next time) you are arrested for DUI, you will be charged with a felony.

Answer 5

W.Va, is a tough state on DUIs. Especially if the State Police got you. Jail probably not, if it is truly your first offense, and you didn't give the cop a problem. Most likely a fine, community service, and maybe attend an educational seminar on DUI.

Answer 6

It really depends on how hard they come down in your state. I live in Maine and they are said to be really tough. I got a DUI and only got a suspension. It really depends on how you come across to the judge. I suggest you dress nice, be polite and appear deaply remorseful to the judge.

Answer 7

A first offense generally results in a stiff fine and a license restriction or suspension.

Answer 8

Criminal Record Search Database - http://InfoSearchDetective.com

Answer 9

GENERALLY, YOU WILL BE GIVEN A "HEAVY DUTY" FINE,WITH POSSIBLE LICENCE RESTRICTION---AND,YOUR AUTO INSURANCE WILL "SKY ROCKET", TO GET THE "BEST POSSIBLE 'DEAL', YOU MAY WELL CONSIDER IN HIRING A LAWYER WHO SPECIALIZES IN "DUI"/"DUID"/"DWI" CASES---YOU'LL FIND THAT IT'LL LATER BE VIEWED AS"MONEY WELL SPENT"-----EVEN THOUGH, SOME PEOPLE WILL WRONGLY TELL YOU THAT , THAT IS NOT THE CASE.-----AS A FIRST TIME OFFENDER, A LAWYER, KNOWS HOW TO , AND MAY BE ABLE TO GET YOU "COURT SUPERVISION"/"DEFERRED JUDGEMENT" WHICH WILL BLOCK-IT-OUT FROM YOUR RECORD .---EXPECT A TOTAL CASH OUTLAY SOMEWHERE IN,OR NEAR, THE PROJECTED RANGE OF ABOUT$5,000. to $10,000. IN TOTAL CASH OUTLAY

Answer 10

when its said an done, it will cost you about 1600 bucks