The Basics of DUI and Jail Time
ANN ARBOR, MI - 06/28/2018 — As a criminal defense attorney in Michigan, I am frequently asked by people arrested for driving under the influence whether they will go to jail. Whether you will go to jail for a DUI conviction depends on whether the conviction was your first, second, or third.
First-Offense Driving Under the Influence
For your standard first-offense DUI conviction you generally are not facing jail time. Most courts see a first-offense DUI for what it is – a mistake made by a person who is not a criminal and is unlikely to do it again. For this reason, jail time is unlikely in most of the courts. However, there are a few courts that are stricter than others.
There may be factors that could increase the risk of jail time. For example, a bad traffic accident or an older DUI conviction could persuade a judge that jail time is necessary.
A first-offense DUI is a misdemeanor punishable by up to 93 days in jail.
Second-Offense Driving Under the Influence
A conviction for a DUI offense that comes within 7 years of a previous conviction is punishable by a mandatory minimum of 5 days in jail. 48 hours of jail time must be performed consecutively. Some courts might impose a longer sentence.
A second-offense misdemeanor DUI is punishable by up to 1 year in jail.
Third-Offense Driving Under the Influence
While a first and second DUI offense conviction is a misdemeanor, a third-offense DUI conviction is felony. The stakes are higher with a felony conviction and so are the punishments. The third-offense is a felony, regardless of the number of years that have passed since the other offenses.
A third-offense DUI is punishable by either a minimum of 30 days in jail or a minimum of one year in prison. This means upon a conviction a person will do jail time or could go to prison.
All DUI offenses that are third-offense and above are charged under the third-offense DUI law (There’s no crime called a fourth-offense DUI or higher).
A third-offense is a felony, punishable by up to 5 years in prison.
Author Bio
Sam Bernstein of ArborYpsi Law is a criminal defense and DUI lawyer based in Washtenaw County, Michigan. Sam Bernstein can be reached at 734.883.9584 or by e-mail at bernstein@arborypsilaw.com. ArborYpsi Law is located at 206 N. Huron St., Ypsilanti, MI 48197.
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