Triplett McFall Wolfe Law, LLC

Will I go to jail for a DUI?

If you drink and drive, the chances of getting caught are pretty good. If you get caught in Ohio, you will probably go immediately to jail. This initial arrest takes you off the road and allows the court to set a date for your trial. Usually, you will spend only a night or two in jail. According to the Ohio Revised Code, the final ruling in your case may very well involve more jail time. This time, you probably will spend more than a night behind bars.

Your sentence depends upon many factors. These include your blood alcohol content at the time of your arrest and if you have previous violations. Your crime may be a misdemeanor or a felony.

For a misdemeanor charge, a judge may sentence you to three days behind bars, but the judge has the right to sentence you to up to six months. Some misdemeanor charges require a mandatory jail sentence, which may range from 10 days to 20 days. Repeat offenses carry stiffer penalties. Generally, you will get a minimum of 30 days up to one year in jail.

Once your case becomes a felony, you face even more time behind bars in prison instead of jail. Depending on the charge, you could spend anywhere from one year to five years locked up for a first-time conviction.

Keep in mind that jail is not the only penalty. You will also lose your license, in some cases the court permanently revokes it. You also will pay fees and fines. This information is for education and is not legal advice.

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