Sometimes, a night of fun with your squad can end in a confrontation with the police. Often, when that happens, alcohol is involved, and it could lead to a DUI arrest. As these events unfold, your anxiety and stress levels go through the roof. You might recognize the error of your mistake and now wonder if your DUI arrest will lead to jail time.
Immediately after your arrest, you will spend time in jail until you are released on bail or released on your own recognizance (ROR). In either one of those scenarios, you will have to wait until your breathalyzer registers zero.
If you do not secure bail or an ROR, you will have to stay in jail until your arraignment, which is usually in 24 hours. After that, your trial date will be set, and you now have to think about what a conviction might mean and how to avoid more jail time.
These are the exact questions that an experienced Fort Myers DUI attorney can answer.
The attorneys at Titan Law have helped many residents and out-of-town visitors deal with the aftermath of a DUI arrest. Our goal is to put up a strong defense that can lead to a reduction in the charges or a complete dismissal. It is essential that you understand the challenges and possible outcomes.
First-Time DUI Conviction
The courts have sentencing guidelines for every criminal offense. Here in Fort Myers, Florida Statutes § 316.193 applies to all driving under the influence (DUI) cases.
The statute stipulates that a first-time DUI conviction can include a fine between $500 and $1,000, community service, suspension of your driver’s license, and jail time. That jail time can be anywhere from six months to a year.
The good news is that judges are mostly lenient with first-time offenders. If you can demonstrate that you are gainfully employed, connected to the community, and remorseful, you could expect to avoid jail time. You might just have to pay the fine, perform community service, and enroll in a treatment program.
You have to understand that a judge’s leniency only goes so far. The following are some conditions that can result in automatic jail time:
- Property damage
- Injury to others
- Driving with a BAC over .15
- Driving with a child in the vehicle
- Causing someone’s death
A person who is a repeat offender will also be more likely to face jail time.
How to Avoid Jail with a DUI Conviction
Before being arrested on a DUI charge, you must fail several tests. These tests are conducted by the police officer who initiated the traffic stop. At every step of the stop, testing and arrest mistakes can be made. For instance, there could be a challenge to the initial reasonable suspicion or what the police officer qualifies as probable cause.
If the probable cause is challenged by your attorney and the judge agrees, everything that occurred after that is suppressed. That includes the results of your blood or breathalyzer tests, regardless of the number.
If there is no challenge to the probable cause, there could be a challenge to the actual test results.
There are margins of error with the tests that could mean you didn’t “cross the line” into being legally intoxicated. There are also conditions with a field sobriety test that can be challenged. This means that when it comes to dealing with a DUI arrest, you have options and a path to avoid jail time.
The best way forward is to get advice from qualified DUI attorneys like the team at Titan Law.
Our DUI defense attorneys recognize that not every DUI arrest is the same. Whether that arrest occurs in a car, on a bike, or on a boat, we will conduct a thorough investigation on behalf of our clients to determine what can be challenged and how to reduce the risk of jail time.
Our support begins with an initial consultation where you can get answers to your questions, and we can address all your concerns. If we decide to work with you, we will put forth a solid defense on your behalf. We believe an error in judgment does not have to define the rest of your life.
Call to schedule your consultation today.
