Will I Go to Jail for a First DUI?

 Posted on June 05, 2024 in First DUI Offense

If you were recently arrested for a DUI, your biggest concern might be whether you will be sent to jail. Your sentence could include some jail time if you are convicted. You may have already spent a night or even a weekend in jail after your arrest while waiting to appear in front of a judge or for someone to come bail you out. Most people who have spent even a few hours in jail are not eager to repeat the experience. If this is your third or subsequent DUI, or if there were aggravating factors, you might be worried about going to prison, where people serve sentences lasting longer than one year. The best thing you can do to protect yourself right now is to find an experienced Arlington Heights, IL DUI attorney.

Do People Get Jail Time for a First DUI?

A first DUI is punishable by up to a full year in jail, even when it is charged as a misdemeanor. However, it is quite rare for people who are represented by an attorney to be sentenced this harshly. If this is your first DUI offense, there were no aggravating circumstances, and you follow the advice of your attorney, you are unlikely to spend more than a few days in jail if you are given any jail time at all. More likely, you will be sentenced to community service and may be ordered to get treatment for a substance abuse problem.

What if My First DUI is a Felony? 

Even a first DUI can be charged as a felony if there were aggravating circumstances, like causing an injury or not having a valid driver's license. It is important to know that all felonies are punishable by more than a year in prison. Mandatory minimum sentencing means that you will very likely spend some time incarcerated if you are convicted of a felony DUI.

The exact amount of time in prison you might face depends on why your first DUI was charged as a felony. If you are facing intoxication manslaughter charges for causing a fatal accident, you could face many years behind bars. However, if your DUI is only a felony because your car insurance policy had lapsed, you would likely face less time.

Your attorney may work to have your charges reduced to a misdemeanor to minimize any possible sentencing.

Contact a Cook County, IL DUI Lawyer 

Scott F. Anderson, Attorney at Law is committed to putting forth the best defense possible for people facing first DUI charges. Experienced Arlington Heights, IL DUI attorney Scott Anderson began his career as a prosecutor and can anticipate how the state is likely to approach your case. Contact us at 847-253-3400 for a complimentary consultation.