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I Have a DUI Arrest; Can I Avoid Jail?

September 8th, 2014 | By | Posted in Uncategorized

The good news is that if you have a DUI arrest, there are some cases in which you can avoid going to jail. Of course, that is not always the case, though. This means that we cannot give you a one-size-fits-all answer to that question. The answer to your case will depend upon a variety of factors.


Have You Taken a Blood Test?

It’s important to determine if you are guilty or not before you can know the answer to whether you can avoid jail time. A breathalyzer test and a field sobriety test could both be inaccurate. Your best chance (if you are not drunk) is to take a blood test back at the station. If your levels clear the legal amount, you’re free to go home.

Was It Your First Offense?

Unfortunately, if it is your first offense, you may need to spend some time in jail. For your third or fourth offense, you will be facing 150 days to 5 years of jail time. However, you may be able to trade in your jail time for some community service. Either way, you won’t know until you talk to your lawyer.

What Are the Laws of Your State?

One critical point to consider is which state you are in. The DUI laws of New York differ from those of California, for instance. If you are traveling in a different state, you may need to ask about the local laws.

Do You Have Representation?

If not, get it. We highly recommend that no one go through a legal offense like this alone. It’s not difficult to get representation and often times if you cannot afford it on your own, you can get help through the state.

Are You Willing to Compromise?

As mentioned earlier, you may be able to trade or barter to get out of jail time. Those who are willing to consider rehabilitation or community service are those who will be much more likely to avoid jail time.

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