DUI Zone › Forums › DWI/DUI 1st › First DUI, Will I Go To Jail?
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Hey Teddy, welcome to DUI Zone and thanks for being the first question! Without knowing the specifics of your case, it’s hard to say for sure, but if it was just getting pulled over and failing the sobriety test or breathalyzer, then definitely not. Hopefully you get a good lawyer that can find a reason to get it thrown out, but let’s say you wind up getting a conviction for DWI 1, no other circumstances around it like injuring someone in a wreck or trying to flee…or anything else, just a DWI 1, that’s typically a Class B Misdemeanor which will be a fine of $2,000 or around there depending on your state, plus they will say you get up to 180 days (again, depends on the state), but those 180 days will be a suspended sentence and probation given. In other words, whatever jail time they say, the judge almost always will give you probation instead of jail. The stats say 1.5 million people are given DUI’s in a given year, so if they gave everyone jail, our jails would be overflowing more than they already are.
I definitely wouldn’t worry about jail for your first. I know it’s scary, but they will send you to alcohol classes, impact panel, community service and other related things to try and make sure you think before you drink and drive next time.
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Thanks for the reply. I had no other circumstances around my arrest. I have talked to an attorney and she is reviewing my case. I’m in the state of Texas, if that matters or not. I refused the breathalyzer and did poorly on my sobriety test. I definitely had too many. I’m really pissed at myself for driving.
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I’m also in Texas, so those numbers I mentioned are pretty standard in TX. If you refused, they more than likely took your drivers license and it’s an automatic suspension for 1 year. Be sure your attorney requests an ALR hearing regarding your license. It takes a lot to win an ALR hearing, but they can definitely request an occupational license. Expect to get an ignition interlock device on your car, which you can read all about here https://dui.zone/interlock-device/
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Don’t beat yourself up. The worst part about your 1st DWI is the cost and the interlock device in my opinion. Probation is a beat down, but everyone makes mistakes and some of us are unlucky enough to get caught. If you think about all the bars across the US where they are filled with patrons drinking…many of those drive home. I have friends who do it all the time and never get caught. I don’t think they will ever fix drinking and driving until they equip vehicles with steering wheels or some sort of sensor that knows if someone is impaired and either disable driving or self-driving vehicles take the wheel and get you home safely. I’ve had 3 DWI’s, which I am not proud of. Just be happy no one was hurt.
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