If I have a prior DWI DUI will I go to jail?
This depends on when the prior DWI occurred. If you get 2 DWI/DUI’s in a 10 year period, there is a mandatory minimum 30 day jail sentence. At least 48 hours of that sentence have to be served consecutively in custody. The balance can sometimes be negotiated to something other than jail time, like electronic home monitoring.
However, not all counties will agree to that. Sometimes, prosecutors will just want you to serve the 30 days in custody If you get a DWI/DUI, and you have a prior DWI/DUI from more than 10 years ago. In this situation, there is no mandatory jail time. That’s not to say that a prosecutor or judge can’t or won’t ask for jail time, there is just no mandatory amount that must be served.
If you are charged with a DWI/DUI and facing jail time, call the experienced criminal defense lawyers and attorneys at Gerald Miller, P.A. to set up a free consultation today.
Learn more with this article: What Happens On a 2nd DWI in Minnesota?
