I had an OVI and took the breathalyzer and blew above the .17 threshold, I also hit a parked car. What would be a typical jail sentence for this type of offense. Obviously it depends on the judge, but I just want a better understanding of what would be a typical punishment.
There are still a bunch of factors that would affect a judges sentence. Your history, and injuries, age, etc. You need to get a criminal attorney right away and ask him for an assessment of the sentence you are facing.
Anytime you are charged with a crime you will face jail time. Whether or not you get jail is a different matter. Your sentence will depend on many factors. For example, your history, the seriousness of the facts in your case, the input of the victim (the owner of the parked car), the prosecutor, the judge, the prevailing view of OVIs in your jurisdiction (you would be surprised how much jurisdictions vary), whether you are willing to repay restitution, etc. A .17 is relatively high. I suggest you get an attorney who can help with this. Your attorney can start advising you, negotiate an early resolution with the prosecutor, prepare your defense, etc. Good luck to you!
The answer above is not legal advice nor establishes an attorney-client relationship between you and J & J Law Firm, PA. Please consult with a local lawyer in your area to obtain confidential legal advice based on your specific situation and the facts in your case.
There is no typical sentence. Every judge and courthouse is different. Some routinely allow people to plead a high test down and hand out fines and DIP programs. Others put folks in jail. It certainly won't help that there was an accident. Here is what you need to do: First, hire an attorney, if you cannot afford an attorney, ask the court to assign one. Second, pay for whatever damage you did and get documentation of payment. Third, get an alcohol assessment from a court approved agency. You should be able to get a list from the court or probation department. Fourth, complete a DIP program. If you do all that before you go to court, it will go a lot easier.
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You are looking at 180 days and the judge will probate some of them. With the accident and over the "high tier" limit, you have mandatory 6 days incarceration. With these facts, there may be a likelihood of incarceration followed by mandatory alcohol counseling which may be inpatient. I'd expect 30 days to not be unlikely. You should hire an attorney to minimize and be able to tell you in advance what the judge is likely to do in your case.
Kentucky law does not certify specialty of practice in this area. The advice given herein is informational and should not be considered as creating an attorney/client relationship. Michael Bouldin is an independent attorney located in Northern Kentucky. It is strongly recommended to not give any confidential information on any website.
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