Can I get jail time for a first misdemeanor DUI conviction?

Whether or not you will be sentenced to jail time for your first misdemeanor DUI conviction depends on several different factors:

• The laws in your state, because they do vary.
• Your overall driving record and criminal record.

• Your representation.

State Laws

Laws that govern DUI penalties are different in every state, and sometimes even different by county. There are a variety of penalties that can be imposed on a person convicted of their first misdemeanor DUI, and in many state can include mandatory minimum jail time.

• In California and Connecticut there is a 48 hour mandatory minimum jail time for a first DUI conviction, but in Florida the minimum is only 8 hours.
• In Arizona, the minimum is 10 days but up to 9 of them can be suspended.

Driving Record

In Ohio, you can be sentenced to jail time if you accumulate too many points on your license in too short a period of time. If you already had points on your license, a first DUI conviction could put you over the top and make jail time more likely in your case.

Your Representation

How you choose to be represented after you have been arrested to DUI can have an enormous impact on your ultimate sentence. If you decide to simply plead guilty and take the consequences, you may receive a harsher sentence than necessary. As an example, while California does have a 48 mandatory minimum jail sentence, it can be converted to community service. 

• In Connecticut, the mandatory minimum 48 hours in jail can be negotiated to 100 hours of community service in some cases.
• In Ohio, the 3 day minimum jail time for a first DUI can be waived in favor or attendance at a driver intervention program that is combined with a period of probation.

Your attorney will know the law in your state, and will know how to negotiate the best possible outcome for your situation. Probably the single most important thing that you can do to minimize the possibility of jail time after a first DUI is to hire an experienced DUI defense attorney to represent your best interests.