Can I go to jail if I get a DUI for the first time?

Whether or not you will get jail time for a first DUI offense generally depends on two things. The first factor to consider is the state where you received the charge. Second, the circumstances surrounding the incident that led to your arrest will need to be taken into consideration.

State DUI Penalties

When a person is convicted of a DUI, the penalties that she receives are usually authorized by sections of the state’s code which outline the possible consequences. In some places, a first offense DUI does not carry a threat of incarceration. There are other places that outline mandatory periods of incarceration. Then, a third group exists that allow for incarceration without mandating it, which leaves the decision to be made by the judge on a case by case basis.

Aggravating Circumstances

There are some instances where a first offense may not normally require jail time. However, the law allows for the consideration of events commonly known as aggravating circumstances. These include acts such as driving more than 30 miles over the speed limit, attempting to evade law enforcement, and driving with a minor in the vehicle. When a person’s case includes aggravating circumstances, in some states, there is a mandatory minimum period of incarceration.

As you can see, it is difficult to determine whether or not you will be incarcerated without analyzing your circumstances. If you have a case pending where DUI first offense jail time is a possibility, you should consult with an experienced DUI attorney.