When people are arrested for driving under the influence (DUI) in California, they usually know that they face the possibility of fines, driver license suspension, DUI classes, and jail. Of all these penalties, jail is the most concerning, especially for the average man or woman who does not have a criminal record.
The idea of being thrown into a jail with hardened criminals is upsetting. Not only is one’s personal safety at risk, but being in jail for weeks or months can threaten a person’s job security and it can be hard on their kids.
WHAT ARE MY CHANCES OF GOING TO JAIL?
“If I’m convicted of DUI in Orange County, will I go to jail?” Unfortunately, we cannot give you a definitive answer because it depends on the facts of your case. If it was a simple first DUI and there were no aggravating factors and you don’t have a criminal record, the chances of you getting probation and no jail time are higher.
On the other hand, if this is your second or subsequent DUI in the past 10 years, or if a child under the age of 14 was in your vehicle, or if you have a prior felony DUI on your record, or if someone was seriously injured or killed, it’s a whole different story. When there are “aggravating circumstances” present in a DUI case, the chances of jail are greater.
As a general rule, any DUI offense can result in a jail sentence but jail is not automatic in all DUI cases. However, when there are aggravating factors such as the ones described below, it is very possible that jail will be imposed:
- Second or subsequent DUI offense in 10 years,
- Someone was seriously injured,
- Someone was killed,
- Drug-related DUI,
- The driver caused an accident,
- Excessive speed was involved,
- The driver was previously convicted of felony DUI,
- A child under 14 was in the vehicle, or
- The driver had a blood alcohol concentration (BAC) of 0.15% or higher.
If this is your first DUI, you face up to six months in county jail, but if there aren’t any aggravating factors, it’s very possible that a good DUI attorney can get you a plea deal that does not involve any jail time.
Facing DUI charges in Orange County? Contact the Law Offices of Virginia L. Landry, Inc. at once to fight your DUI charges and avoid jail. Call today for a free consultation.