Lots of criteria affect how long you may spend in jail or prison for a drunk driving conviction, as well as whether you serve your time in a county jail or state prison. Among these are:
- Your history of charges for driving while intoxicated (DWI)
- The details of your stop and arrest
- Your level of intoxication
- Any aggravating factors or additional charges
- If the judge decides to have your sentence probated
An initial DWI offender with a blood alcohol content below 15 is normally capable of serving up to six months in a county jail. If possible, you must start looking for a lawyer online. The Law Offices of Anthony Carbone are available on the internet to help you if you are involved in a DWI case.
How long do you have to serve jail time for DWI/DUI?
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Sentence for first DWI offense
A first offense As a Class B misdemeanor, DWI carries a penalty that may vary from three days to six months. After a first crime, no minimum term is required. You have the opportunity to avoid jail time altogether if the judge decides to probate your sentence by abiding by the terms of your probation and not engaging in any new crimes while you are in it.
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Jail time after a second DWI offense
The district attorney will prosecute a second DWI as a Class A misdemeanor. A conviction of this type might result in an imprisonment of 30 to 365 days in the county prison. You can avoid spending more time in jail if the judge sustains your sentence, but you are likely to need still to serve at least three days in the county jail.
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Jail time for the third time after subsequent DWI offenses
Repeated DWI offenders are treated seriously under state law. You may be prosecuted with a Third Degree Felony upon your third or subsequent arrest. If you are accused of a felony, you will serve your sentence in a state prison rather than a county jail. You may be imprisoned at any state facility, and you might not be able to visit your family members often enough. A felony offense will also probably lead to much harsher sentences.
Serving Additional Time in Prison for Severe Circumstances
The length of time you serve in county jail or state prison can be significantly extended if your case has aggravating factors in addition to driving under the influence. For example, this may qualify as a Class A misdemeanor, and you could go to jail for up to a year if it is your first offense if your blood alcohol content is high (.15 or higher).
