What is the possibility of not getting jail time for my second DUI in 2 years?

Not much to add here Didn't get jail for my first offense, just wondering if I'll get jail for second offense.

Click here to get answers from a local criminal defense attorney

John J. Carney | The Law Offices of John J. Carney Esq.
401 East 34th Street
New York, NY 10016
(917) 696-2363

You should retain a good DWI lawyer and get into a program. You might get probation if you were not too intoxicated, had a BAC under .10%, and there was no accident. If you drove on a suspended license or were driving recklessly, have a bad record, or the probation department and prosecutor recommend jail you might get 6 months or a year depending on a number of factors and the city you are in.

Answer Applies to: New York - Replied: 2/24/2013

Scott L. Anderson | Anderson Law Office
4101 Sunset Rd
Brooklyn Park, MN 55443
(763) 422-8664

In MN a second offense within ten year mandates a 30 day mandatory minimum jail sentence. You should seek representation asap.

Answer Applies to: Minnesota - Replied: 1/28/2013

Gregory Casale | Gregory Casale Attorney at Law
316 Main St, Suite 400
Worcester, MA 01608
(508) 752-7500

If it is in MA and I defended you, the chances of staying out of jail are extremely good.

Answer Applies to: Massachusetts - Replied: 1/26/2013

Steven Dodge | Steven Dodge
7960 W. Grand River Ave.
Brighton, MI 48114
(810) 220-3916

That depends on who is your judge. Who has been assigned to your case?

Answer Applies to: Michigan - Replied: 1/26/2013

David Harrison | Miller & Harrison, LLC
2305 Broadway
Boulder, CO 80304
(303) 449-2830

In Colorado on a second time DUI or DWAI the court must impose some jail time but it can be served, if the judge approves, on work release. It is important to hire an experienced DUI lawyer to get the best result.

Answer Applies to: Colorado - Replied: 1/26/2013

Francis John Cowhig | Universal Law Group, Inc.
430 S. Garfield Avenue
Alhambra, CA 91801
(626) 308-9936

Good possibility, depending on the court and the jurisdiction you are in. I suggest that you hire an attorney immediately.

Answer Applies to: California - Replied: 1/25/2013

Timothy J. Thill | Timothy J. Thill P.C.
261 E. Quincy ST
Riverside, IL 60546
(708) 443-1200

You stand a much better chance of going to jail on your second DUI than on a first time offense.

Answer Applies to: Illinois - Replied: 1/25/2013

Henry Lebensbaum | Henry Lebensbaum
46 Lovejoy Rd
Andover, MA 01810
(978) 807-6512

There is a 14 day inpatient option.

Answer Applies to: Massachusetts - Replied: 1/25/2013

Hudson Bair | Hudson Bair
1440 Broadway, Ste. 902
Oakland, CA 94612
(510) 645-0027

You will need to speak to a qualified attorney in your area. The statute is interpreted differently from jurisdiction to jurisdiction. The statute seems to require a minimum of 96 hours in jail which may be served in two 48 hour increments. There is a split among the courts as to what exactly "custody" is some consider sentencing alternatives as the equivalent, others do not. This is something a local attorney can help you with, additionally, almost certainly you will be facing more than the "minimum" if this occurred so shortly after the first conviction and/or you are still on probation for the first offense.

Answer Applies to: California - Replied: 1/25/2013

Michael Breczinski | Michael Breczinski
5005 Lapeer Rd
Burton, MI 48509
(810) 743-2960

Well you should get into alcohol treatment now and that may help you avoid jail.

Answer Applies to: Michigan - Replied: 1/25/2013

Richard Williams | Law Office of Richard Williams
301 Government Street, Suite 104
Mobile, AL 36602
(251) 272-3765

There is a mandatory five days in jail or 30 days of community service (minimum) on a 2d DUI, if you are guilty.

Answer Applies to: Alabama - Replied: 1/25/2013

Rick Mueller | San Diego DUI Law Center
4660 La Jolla Village Drive Suite 500
San Diego, CA 92122
(800) 843-5293

That depends on the judge, the court, the prosecutor and your California DUI attorney, plus the evidence or lack thereof. Judges generally frown on DUI cases so close to each other. I have seen folks get 60 to 90 days for a DUI with a prior within 2 years, if things don't go well.

Answer Applies to: California - Replied: 1/25/2013

Thomas A. Stotz | Stotz & Quayhackx, P.C.
55 S.B. Gratiot
Mt. Clemens, MI 48043
(586) 465-4198

The answer depends entirely on what court you are in as well as the circumstances of the second arrest.

Answer Applies to: Michigan - Replied: 1/25/2013

Alexander J. Simpson, III | Simpson Law Office, PLLC
302-C South Spring St
Tupelo, MS 38804
(662) 350-3392

In Mississippi, DUI 2nd offense carries mandatory jail time of 5 days up to 1 year, and a minimum of 10 days up to 1 year of community service, and a fine of $600-$1500, and a driving license suspension of 2 years (which may be reduced to one year upon completion of an approved alcohol abuse program. See Mississippi Code Section 63-11-30.

Answer Applies to: Mississippi - Replied: 1/25/2013

Brendan M. Kelly | Law Office of Brendan M. Kelly
1700 Farnam Street, Suite 2820
Omaha, NE 68102
(402) 455-1711

While it is possible, it can be fairly hard to do. Lots of question to ask you.

Answer Applies to: Nebraska - Replied: 1/25/2013

Lawrence Lewis, PC | Lawrence Lewis
242 Culver Street, Suite103
Lawrenceville, GA 30045
(678) 407-9300

You will get jail for second offense, as a deterrent for your third offense.

Answer Applies to: Georgia - Replied: 1/25/2013

Steve Freeborn | Freeborn Law Offices, P.S.
33400 9th Avenue S. Suite 208
Federal Way, WA 98003
(253) 838-4477

Absolutely ! Mandatory minimum jail time is 30 days. A judge cannot waive from this. Sounds like you may have a drinking problem. If so, and you go into a two year intensive treatment program you may be able to defer some of the jail time.

Answer Applies to: Washington - Replied: 1/25/2013

Jeff Yeh | Law Office of Jeff Yeh
3810 Wilshire Blvd., Suite 1110
Los Angeles, CA 90010
(213) 446-2495

100% if convicted. In fact, it is mandatory for a second offense. Which is why you should hire a DUI specialist to try and not plead to a second DUI.

Answer Applies to: California - Replied: 1/25/2013

Click to View More Answers:
1 2 3 4

Can't find the question you're looking for? Ask it?

Disclaimer: The responses above do not form an attorney-client relationship. These answers may or may not apply to you and should not be relied upon as legal advice. Total Criminal Defense does not make any representation as to the expertise or qualifications of this attorney. These attorneys may or may not be admitted to state bar of your state.

Criminal Defense Feed

Got a Quick Question?

What is the possibility of not getting jail time for my second DUI in 2 years?