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Does DUI punishment include mandatory jail time?
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Bear in mind that every state has different DUI or DWI policies. This means DUI punishment requirements vary by state. Some, for example, require community service, others don't. This difference also applies to jail. There are many factors involved when it comes to deciding whether or not your drunk driving arrest will lead to spending time behind bars. Some of these factors include:
- Whether a minor was present in the vehicle at the time of your arrest.
- Prior DUI or DWI convictions.
- Possessing an excessively high blood alcohol count (BAC), topping, for instance .15.
- Exceeding the speed limit by 30 mph or higher before being stopped.
- Refusing to submit to a breath or blood test.
- Whether your driving caused an accident, resulting in injury and/or property damage.
To better understand the circumstances involving your case and the DUI laws of your state, you should always consider hiring a DUI attorney. Their expert counsel, more often than not, will help reduce all subsequent penalties, including jail time and fines.
Because most repeat offenders spend time in jail, the following grid applies to mandatory jail time for drivers facing a first time DUI charge.
| Mandatory Jail | Possible Jail at Court's Discretion | ||
|---|---|---|---|
| Alabama | x | ||
| Alaska | x | ||
| Arizona | x | ||
| Arkansas | x | ||
| California | x | ||
| Colorado | x | ||
| Connecticut | x | ||
| Delaware | x | ||
| Florida | x | ||
| Georgia | x | ||
| Hawaii | x | ||
| Idaho | x | ||
| Illinois | x | ||
| Indiana | x | ||
| Iowa | x | ||
| Kansas | x | ||
| Kentucky | x | Jail may be waived, depending on aggravating circumstances. | |
| Louisiana | x | ||
| Maine | x | ||
| Maryland | x | ||
| Massachusetts | x | ||
| Michigan | x | ||
| Minnesota | x | ||
| Mississippi | x | ||
| Missouri | x | ||
| Montana | x | ||
| Nebraska | x | ||
| Nevada | x | ||
| New Hampshire | x | ||
| New Jersey | x | ||
| New Mexico | x | ||
| New York | x | ||
| North Carolina | x | ||
| North Dakota | x | ||
| Ohio | x | ||
| Oklahoma | x | ||
| Oregon | x | ||
| Pennsylvania | x | ||
| Rhode Island | x | ||
| South Carolina | x | ||
| South Dakota | x | ||
| Tennessee | x | ||
| Texas | x | ||
| Utah | x | ||
| Vermont | x | ||
| Virginia | x | ||
| Washington | x | ||
| West Virginia | x | ||
| Wisconsin | x | ||
| Wyoming | x | ||
| Washington DC | x |
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