will a dui conviction land me in jail?

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so i got arrested for dui in northern california. i was at .12 and was going 85 mph on the freeway. i was extremely cooperative with the police. i have no priors of any sort. what are the chances i will have to serve time in jail and if so is it real county jail with all the criminals??


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  1. John S says:
    January 28, 2010 at 6:46 pm

    There is a mandatory 48 hour jail term on a first DUI only if you are NOT placed on probation. If you are put on probation, there is no mandatory time. (Compare Veh C 23536 (no probation) with 23538 (probation).) However, in some courts a day or two in custody is standard even for a first offense.

    BTW, a DUI is not expunged from your record after a year in California.

  2. Kinch says:
    January 28, 2010 at 6:46 pm

    if you plead not guilty and get convicted I guarantee you’ll do a little time.. maybe 15 days. If you just plead guilty like a man and take the punishment since you got caught, you’ll most likely get summary probation for 3 yrs, maybe 5 now.. and have to attend an alcohol awareness program.. after you pay all the fines that is…

  3. Stuart says:
    January 28, 2010 at 6:46 pm

    First DUI Offense – Penalties & Punishments

    3 to 5 years of Court Probation This means no probation officer to report to, but absolutely no drinking and driving during that time period

    A fine, including court fees and costs of $1400 to $1800 This can be paid over time for an additional charge, or in full within 45 days. In some courts people can work off part of the fine through community service.

    6 month loss of California Driver License
    As of September 2004, it will be up to the Department of Motor Vehicles to decide if a restricted California Driver License should be issued. A suspension means absolutely no driving, a restriction allows driving to and from work or school.

    DUI (Driving Under the Influence) School Depending on your Blood Alcohol Level DUI school may be as low as 12 hours or as much as 45. This is dependant on your attorney as well. The California Department of Alcohol and Drug Programs maintains a list of DUI Schools

    MANDATORY JAIL TIME There is a required 48 hours of jail time on a first offense DUI. It is possible to have this time converted to work service

    It is a real county jail with real criminals. By the way, you, too, are a real criminal now.

    - Stuart

  4. Murphy says:
    January 28, 2010 at 6:46 pm

    No, you won’t serve any time, most likely. You’ll probably be sentenced to a first time offenders program where the DUI will be expunged from your record in a year. (as long as you don’t get into more trouble, and if even though the DUI gets expunged from your record if you get another DUI within 10 years it will still be counted as your second offense) In PA it’s ARD, I’m sure California has something like that.

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