Will I go to Jail for a DUI in DC

Mark Rollins DUI

Going to Jail for DUI in DC?

Serving mandatory jail time on weekend

Mandatory jail time in DC for a DUI

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 PenaltyMandatory Minimum Jail Time
Offense StatusMaximum 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 Offense180 days and/or $1,000

6-month license revocation

none10 days15 days20 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 PenaltyMandatory Minimum Jail Time
Offense StatusMaximum 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 Offense1 year and/or $2,500-$5,000

1-year license revocation

10 days25 days30 days35 days
3rd Offense1 year and/or $2,500-$10,000

2-year license revocation

12 days35 days40 days45 days
4th and Subsequent Offenses1 year and/or $2,500-$10,00045 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)