Written by attorney Ross Wesley Albers

Will I go to jail after my DUI arrest?

Will I go to jail after my DUI arrest?

Along with losing their license, many people are worried about doing jail time after their DUI arrest. As a former Baltimore City prosecutor, my office has a unique perspective into how DUI cases are evaluated by the State’s Attorney’s Office. In our office’s experience, most first time DUI offenders do not go jail.

Factors that determine jail time for a DUI arrest When I started in the Baltimore City State’s Attorney’s Office, one of the first things I did was learn about how to prosecute drunk driving cases. Several factors were highlighted when determined what our recommendation should be when a defendant pleads guilty or is found guilty of drinking and driving. The factors included:

  1. First time DUI offender, or subsequent offender
  2. Breathalyzer results
  3. Reason for DUI stop

First time DUI offender, or subsequent offender In our office’s opinion, the single biggest factor that determines whether or not you will go to jail is your prior DUI history.

If you are a first time offender, then it is unlikely that you will do any jail time. Unless, of course, the other factors in your case are egregious: high BAC, or bad car accident with injuries. Most first time offenders receive a probation before judgment and supervised probation for one year.

Subsequent offenders face an increased risk of jail time Second time offenders typically do a weekend or two in jail. However, several things can help mitigate the prospect of doing jail time: alcohol treatment, length of time between DUI arrests, etc. Our office has been successful keeping subsequent DUI offenders out of jail, but every case is different and there are no guarantees.

Breathalyzer results Your breathalyzer results could also pay a role into whether or not you go to a jail for a DUI. Typically, our office finds that your breathalyzer results alone do not increase your chances of doing jail time. However, a high BAC coupled with the other factors may tip the scales of justice towards jail time.

Reason for DUI stop In order to stop your vehicle, the police need a reasonable suspicion that you violated a traffic law or are a suspected drunk driver. Most DUI stops arise from a police observing your car speeding or swerving between lanes. Sometimes, drivers are stopped for having a brake light out! Other cases arise from more serious situations, like car accidents.

The reason for your DUI stop can play a significant role in the outcome of your case. Cases involving minor traffic violation typically do not lead to jail time. However, cases involving car accidents, especially with injuries, often lead to the drunk driver going to jail. Just like the other factors, a DUI stop alone may not send you to jail, but combined with a high BAC and subsequent convictions your chances of doing jail time increase.

Schedule a free DUI consultation today! Worried about going to jail after a DUI arrest? Contact the Law Office of Ross W. Albers today to discuss the possible outcomes of your DUI arrest.

Maryland DUI Attorney Ross W. Albers offers a free consultation to explain and review your Maryland DUI arrest. During your free consultation, the Law Office of Ross W. Albers will review the facts, charges, MVA consequences and possible criminal penalties of your Maryland DUI case.

The Law Office of Ross W. Albers is a member of the National College for DUI Defense. Maryland DWI Lawyer Ross W. Albers was selected by Super Lawyers as a Rising Star in Criminal Defense: DUI.

Contact the Law Office of Ross W. Albers today to schedule a free consultation. Evening and weekend appointments are available.

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