Will I go to Jail?

• Each of the OMVI offenses has a minimum jail section connected to a conviction. The first offense low tier (below .17 BAC) has a mandatory minimum of three days (although many courts give more than the minimum even on the first offense.) Many courts will give three days jail credit for the attendance and satisfactory completion of a 3-day accredited alcohol treatment program. These programs are at the attendee’s expense and are usually at $300 - $400 for the three days. Also, these programs make evaluations and recommendations back to the court and can result in additional requirements for counseling or treatment at your expense. But every DUI conviction has a minimum jail time sanction up to a second felony conviction being subject to a five-year prison term and a lifetime license suspension. A chart is attached to this web site that shows the sentences for each level of offense.

• It should be noted that just because you have been arrested for DUI you will not have to go to jail. And arrest is not a conviction. You should immediately obtain a qualified and experienced attorney in the field of DUI defense. Most often this qualified legal assistance will be well worth the expense. One thing is certain – if you don’t hire a qualified attorney to help you and plead guilt on your own – you will be found guilty and go to jail.