Will I go to jail for a first time DWI DUI?
Actual in custody jail time will depend on the circumstances of your case.
For some cases, if there is an alcohol concentration of .16 or more, if there is a kid in the car at the time of the offense, or if there is a refusal, you can be held in jail for up to 48 hours right after arrest before being released. Moving forward in the case, jail time is always a potential outcome. And while there are ways to avoid jail time, it is not something to disregard.
There is no mandatory minimum sentence to be served for a first-time offender (unlike is the case for second and more offenses in a 10 year period), so technically jail time is not necessarily common for a first offense, but it can and does happen under certain circumstances, or if you do not do things the right way while your case is pending.
Ultimately, jail time can be something a prosecutor feels required to do if: there is an accident involved, if you are uncooperative with law enforcement, if your chemical is very high blood alcohol content or if there are reasons to send a message to change your behavior.
Read more: How Often Do People Go To Jail for DUI in Minneapolis, MN?
