If you’ve been pulled over for impaired driving, you’re probably worried about criminal charges and the penalties you could face if convicted of a DUI. One of the questions you might be asking yourself is, how likely is jail time for a first DUI? According to the law, you’ll have to serve at least 96 hours in jail if you’re convicted of a DUI.
Fortunately, an experienced Los Angeles DUI lawyer can take on your case and fight to get your charges dropped or reduced. With the help of an experienced legal representative, you’ll have an excellent chance at avoiding the penalties commonly associated with a DUI, including imprisonment.
Jail Time Is Likely for a First DUI Conviction
DUI penalties in California can be harsh, as the state wants to discourage unsafe driving practices. All DUI offenses include the possibility of jail time. Even if you have a clean record, a first DUI can still result in jail time.
For a first-time DUI offender, jail time sentencing is typically handled under California Vehicle Code § 23536. Under this statute, a person convicted of a DUI is required to serve no less than 96 hours and no more than six months in county jail.
While the letter of the law is clear, the reality is that many factors can affect how much time you end up serving. While having the right lawyer working on your case can help you avoid jail time, other factors can increase the likelihood that you’ll spend time behind bars.
An experienced attorney can advise you on how likely jail time is for your first DUI offense and work hard to protect you from a damaged conviction.
How Aggravating Factors Influence Jail Time
It’s important to note that aggravating factors can impact how likely jail time is for your first DUI. Aggravating factors can make it more likely that you spend time in prison and increase the amount of jail time you’re sentenced to if convicted.
Aggravating factors include, but aren’t limited to, the following:
- Reckless driving
- Exhibition of speed
- Refusing a chemical test (breath, blood, or urine)
- Driving under the influence with a minor in the vehicle
- Excessive blood alcohol content (BAC)
- Driving on a suspended license
- Injuring another person
The above-listed aggravating factors can result in substantial increases to your jail time. An aggravated DUI conviction can also lead to other unwanted penalties such as fines, license suspension, and even license revocation.
Jail Time Is Likely for a First-Time DUI With Injuries
A first-time DUI that results in injuries to another person or to other people can substantially increase your likelihood of receiving a jail sentence and other penalties. Depending on the types of injuries the incident caused, you could face the following charges:
- Felony DUI causing an injury under California Vehicle Code § 23153
- Felony DUI manslaughter California Penal Code § 191.5(a)
- Felony DUI murder
In each of these cases, you face more than a year of incarceration. Additionally, rather than being sent to county jail, you will spend your sentence at a state jail. Taken together, a DUI with injury means a substantially longer sentence at a more distant, less pleasant facility.
How a DUI Lawyer Reduces Your Likelihood of Jail Time
Under the right circumstances, you may be able to have your mandatory jail sentence traded for a period of probation. This probation period typically lasts for three to five years. If granted this probation, the only jail time you face is the period you spend behind bars between your arrest and your arraignment.
The success of a probation arrangement relies heavily on the facts of your case and how much the prosecution is willing to negotiate. If you are facing a “simple” first-time DUI and your BAC was close to the legal limit of 0.08%, you are in a good bargaining position. Having a DUI lawyer can improve your chances of receiving probation and avoiding severe penalties.
Hiring a DUI lawyer signals to the prosecution that their case against you isn’t going to be easy. It shows them that a skilled attorney will be evaluating their case against you for any flaws, such as issues with the chain of evidence, discrepancies with the lab’s handling of your blood work, or even conduct violations committed by the arresting officer.
Plea Deals
In many cases, a prosecutor will offer a favorable plea deal to a person with a DUI lawyer. These plea deals may include provisions to swap probation for jail time. Your lawyer can negotiate for this or can push for a lesser offense. Your lawyer may ask for a number of different reduced charges, including:
- Wet reckless
- Dry reckless
- Exhibition of speed
- Drunk in public
What the prosecutor is willing to give will depend on how well your lawyer negotiates on your behalf. Reducing the likelihood of jail time for a first DUI in Los Angeles or anywhere in California requires building a strong defense. Building a strong defense takes time. This makes it important to reach out to a DUI lawyer quickly after you’ve been arrested for a DUI.
Evidence an Attorney Can Use To Reduce Likelihood of Jail Time for a First DUI
In addition to determining how likely jail time is for a first DUI, a skilled attorney can investigate your impaired driving incident and collect evidence to build your defense case. Depending on the specifics of your case, a lawyer may use the following pieces of evidence to fight your charges:
- Evidence of inaccurate breathalyzer results
- Evidence of field sobriety test errors
- Documents that show issues with your blood test results
- Eye-witness testimony
- Surveillance or dashboard camera footage
- Records that show your constitutional rights were violated during the arrest
- And more
These are just a few of the pieces of evidence that can be used to challenge your DUI changes and help you avoid a life-changing conviction. You can count on an experienced attorney to thoroughly investigate your case and find the evidence they need to ensure a fair outcome.
How to Find the Right DUI Lawyer for Your Case
Finding the right DUI attorney for your case can make the difference between getting your charges dropped and spending time in jail. Consider asking a lawyer the following questions to make sure they’re the best choice for your unique situation:
- How much experience do you have with DUI cases like mine?
- What is your rate of success with first-time DUI cases?
- Do you have testimonials from previous clients?
- Do you share your past case results and verdicts publicly?
- How often will we communicate about my case?
- How likely is jail time for a first DUI?
- Can you explain your fee arrangements?
If you feel comfortable with an attorney’s answers to the above-listed questions, you’ll want to consider working with them on your case. If a lawyer has considerable experience with DUI cases and a track record of successful verdicts, there’s a good chance they’ll be able to build a robust defense strategy for you.
Learn More About Your Legal Options After a DUI Arrest
Now that you know how likely jail time is for a first DUI, it’s time to get the legal assistance you need to avoid imprisonment and other serious penalties. Contact us today to schedule a free consultation and learn more about your legal options after a DUI arrest.
We’ll meet with you to discuss your arrest, charges, and best course of action moving forward. Remember, hiring a skilled Los Angeles DUI lawyer will drastically increase your chances of getting your charges reduced or dropped.
