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How many first time dui offenders get more than mandatory jail time?

Tacoma, WA |

I was arrested for dui with BAC 0.21 first offense in WA state no accident no speeding pulled over for supposedly not wearing a seatbelt. I have never been arrested before. Did all my stuff.. alcohol assessment dui victim panel etc. Have a lawyer but going to final hearing and prosecutor is asking for 10 days jail. What are the chances that will happen?

Attorney Answers 5

  1. Every case is different and it is impossible to tell you what is likely to happen in your case without being intimately familiar with all the facts. I have been defending people accused of DUI in Tacoma for 20 years and I have never had a situation like you describe where my client has been sentenced to 10 days in jail. Feel free to give my office a call for a free consultation. You can view our website at

  2. Sounds like you are doing all the right things. DWI's are very complicated. If you're unsure of your lawyer's advice ask them to explain the reasoning for the jail time. If you still don't agree, get a second opinion.
    Austin DWI Lawyer

    My answers are intended only as general legal advice and are not intended to create an attorney-client relationship. There is no substitute for a full consultation with a local experienced criminal defense attorney. For more answers based on my 19 years of experience visit my website,

  3. If the facts you recite are correct, ten days in jail is way, way too much, even with a .21. I'm going to stop there because ethical rules do not allow lawyers in Washington to communicate with people who are already represented by another lawyer. RPC 4.2.

  4. Make sure you are understanding everything that your attorney is saying and what is happening. You can understand it but you need his/her help. If you are not satisfied with this result or possible outcome voice your opinion and see if it can be fixed. Then when it comes down to making a deal or having a trial you will be making that decision and you do what is in your BEST INTEREST. You make that call not anyone else. If you are not comfortable with the attorney you have hire one. Good Luck to you. NOTE: Prosecutor's recommendation is just that. Defense can recommend also and what you need to know is WHAT IS NORMAL FOR YOUR JUDGES!!!

  5. I agree with the others that this seems like an excessive amount of jail based on the facts you provided. Have you discussed jail alternatives like electronic home monitoring? I would recommend speaking with your attorney to get an explanation about the prosecutor's sentencing recommendation in your case and discussing all of your options.

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