Going to Jail for DUI in DC?
This is a question we routinely hear when someone calls the office. First and foremost, no attorney can answer this without knowing all the factors involved in your case. Furthermore, the Judge makes the final decision on whether you will go to jail. However, most first-time offenders do not go to jail for their first DUI.
Jail is mandatory for first offenders where the breath score is over a certain limit. However, this is not automatic because remember there are ways to challenging the scores and furthermore, your defense lawyer can try to persuade prosecutor of why the score should not be counted.
| Maximum Penalty | Mandatory Minimum Jail Time | ||||
|---|---|---|---|---|---|
| Offense Status | Maximum Penalties (Jail & Fines)License Revocation | Refusal or Alcohol Score below .20 Breath or Blood Alcohol Content (BrAC/BAC) or .25 Urine Alcohol Content (UAC) | .20 BrAC/BAC .25 Urine Alcohol Content (UAC) | >.25 BrAC/BAC >.32 UAC | >.30 BrAC/BAC >.39 UAC |
| 1st Offense | 180 days and/or $1,000 6-month license revocation | none | 10 days | 15 days | 20 days |
Will you go to jail for 2nd and 3rd offenses.
Well, the chances of going to jail are greater because the legislature in the District of Columbia took the choice away from the Judge. That means that if the prosecutor files what is referred to as an enhancement (notice of priors), the Judge has no choice but to impose jail.
| Maximum Penalty | Mandatory Minimum Jail Time | ||||
|---|---|---|---|---|---|
| Offense Status | Maximum Penalties (Jail & Fines)License Revocation | Refusal or Alcohol Score below .20 Breath or Blood Alcohol Content (BrAC/BAC) or .25 Urine Alcohol Content (UAC) | .20 BrAC/BAC .25 Urine Alcohol Content (UAC) | >.25 BrAC/BAC >.32 UAC | >.30 BrAC/BAC >.39 UAC |
| 2nd Offense | 1 year and/or $2,500-$5,000 1-year license revocation | 10 days | 25 days | 30 days | 35 days |
| 3rd Offense | 1 year and/or $2,500-$10,000 2-year license revocation | 12 days | 35 days | 40 days | 45 days |
| 4th and Subsequent Offenses | 1 year and/or $2,500-$10,000 | 45 days (add 30 days for each subsequent offense) | 65 days (add 30 days for each subsequent offense) | 70 days (add 30 days for each subsequent offense) | 75 days (add 30 days for each subsequent offense) |