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Will I go to jail for DUI

A DUI is a serious charge that many people will get at some point in their lives. DUI stands for driving under the influence, and refers to someone operating a motor vehicle under the influence of an outside agent. Generally, this refers to alcohol or drugs with the most common being alcohol. There are serious penalties for getting a DUI, and it must be taken seriously by the person charged with the crime. Depending on the circumstances surrounding the incident a person may or may not go to jail. There are several variables that an attorney will have to consider before advising a client on their potential legal status.

Driving Record

In the United States, one of the best indicators of how harsh a punishment will be is the past record of the accused. If someone has a long criminal record they are likely to face a more still penalty as a first time offender. For those accused of a DUI, the driving record is one of the best places to look. If someone has a history of bad driving or DUI convictions, the penalty is going to be much more harsh. In many states, it is possible for someone to go to jail for having a DUI. However, for first time offenders it is quite rare that they will go to jail. If you are a first time offender with a clean driving record, the odds of you going to jail are very slim to none.

Criminal History

However, if you are someone that has multiple offenses on your driving record, the judge may look at your criminal history as well. If a person has a history of DUI arrests and other criminal charges, the odds that they will serve some jail time for their offenses starts to rise. There are many different reasons for this, but one of the biggest is that jail is supposed to help a person get out of their routine. If a driver has several DUI’s on their record, the judge may believe that thirty days in jail could transform their line of thinking. The more DUI’s a person has, the bigger their potential punishment will grow. In addition, if a person has any outstanding warrants or other crimes, that will also be taken in to consideration in the sentencing.


When convicted of a crime like a DUI, generally the trail will not go to a jury and will just go to a judge. A judge will have the authority to level out the punishment for the crime. Often times, if it is a first time offense and the person is a good member of the community, the judge will be very lenient. Community service is actually the most common form of punishment for a DUI, and if a person is a first time offender with no criminal background this is probably going to be their punishment. However, this is not the same story as someone with a long rap sheet, and they could face jail time.