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Will I Go to Jail for My DUI?

If you are pulled over and found to have a BAC of 0.08 or higher, can be charged with DUI in Nevada. Whether or not you are sent to jail for a DUI conviction is based on the circumstances of your case, your criminal record, and other factors.

In general, the jail sentences break down as follows for DUI convictions:

  • 2 days to 6 months for a first offense
  • 10 days to 6 months for a second
  • 1 to 6 years for a third

It is important to note that there is a seven-year "lookback" period in which prior DUIs are considered relevant for sentencing. In addition to jail time, you could also face fines, license suspension, and possible installation of an ignition interlock device in your vehicle.

Can I get alternative sentencing?

For your first offense, your mandatory minimum sentence of two days in jail can be served as 48 hours of community service. In this case, your first DUI conviction may not lead to jail time, but the best-case scenario is two days' worth of service. A second DUI conviction within seven years will result in a minimum of 10 days in jail.

On the other hand, even if this is your first DUI arrest, the presence of certain aggravating factors can enhance your punishment fair beyond the basic jail time requirements. For example, if you had a minor in the vehicle with you, had an extremely high BAC, or injured or killed another driver, you could face a much more lengthy prison or jail term.

Can a criminal defense lawyer help?

Remember, just because you have been charged doesn't mean you are guilty. You can fight your charges and secure a reduced sentence or get your case dismissed, ensuring you spend no time in jail. When you hire a DUI attorney, it can greatly improve your chances of resolving your case favorably.

They can challenge evidence gathered from your arrests, such as field sobriety or chemical test results, the reason the officer pulled you over to begin with, and other related factors. Your attorney can also try to argue your charges down to "wet reckless," that is, reckless driving with alcohol present. This charge carries less severe penalties and maybe an option if you are a first-time offender.

If you have been arrested for DUI in Las Vegas, your best bet is to call an experienced Las Vegas DUI driving attorney from Brown Law Offices. We offer free consultations!