How Can I Avoid Jail Time for a Felony DUI Charge?
If you are charged with drunk driving, it is highly likely that you will spend some time in jail after your arrest. But relatively few individuals receive jail time after they are convicted for driving under the influence (DUI) of drugs or alcohol. Incarceration is mandatory following a DUI only when it is charged as a felony due to aggravating factors.
Spending time in jail is often not the worst outcome of a Kentucky DUI conviction. In comparison to spending a few days in prison, aspects such as court costs, increased insurance premiums, fines, license suspension, and a permanent criminal record can have a very grave effect on an offender’s life in the long-term.
It is not always possible to avoid jail time after being arrested for a DUI, but you can certainly take measures to avoid the grim aftermath of a conviction. When arrested for a DUI, the best thing for a person to do is to exercise their right to remain silent and then consult a skilled Kentucky attorney.
The chances of accomplishing a good case result increase if an experienced defense attorney starts working on the case at the earliest. At the first given opportunity, schedule a consultation with a qualified defense lawyer to discuss your defense options after a DUI arrest.
A Majority of DUI Suspects Spend Time in Jail Following Their Arrest
Upon being arrested for DUI, the authorities will escort you to a medical facility for urine and blood samples, or they may take you to the police station to administer a breath test.
In case these tests indicate that your blood alcohol concentration (BAC) is above 0.08, or if it is apparent that you are highly intoxicated, law enforcement will formally charge you with DUI and put you behind bars. You may spend anywhere from a few hours to a few days in custody, depending on the time it takes you to make bail.
You may receive additional jail time if you plead guilty to the charges or lose your DUI case trial. For first time offenders with no aggravating factors (such as a high blood alcohol concentration or a DUI accident with serious or fatal injuries), the DUI may be charged as a Class C misdemeanor, which involves a maximum jail time of 60 days.
If you spent time behind bars after your arrest, the judge would likely give you a sentence of “time served,” along with or in place of community service and fines.
The chances of receiving additional jail time increase if there are multiple aggravating factors in your case. It is also important to keep in mind that the results of your sentence hearing may depend on your appearance and demeanor in front of the judge.
Being disrespectful and the failure to show any repentance for your actions could prompt the judge to teach you a lesson by sentencing you to spend some time behind bars.
At times, there are such ominous aggravating factors that the judge will be left with no choice but to give you jail time. Under Kentucky law, there is a mandatory minimum jail sentence for DUIs that are deemed to be felonies.
In cases where the suspect is caught drunk driving with a minor in the car, has a previous DUI within the past five years, or causes an injury, they may be charged with a higher level felony. There is a high possibility of spending time in prison for these more serious transgressions.
Avoid Jail Time with a Skilled DUI Attorney
An experienced attorney can help you avoid the outcomes of a DUI conviction. By representing your case from the initial stages of the criminal justice process, a qualified DUI lawyer can achieve a good case result.
For instance, if law authorities overstepped your rights at any time, the charges against you may be dropped before your trial even starts. This can happen when your attorney successfully asks the judge to disregard any case evidence that was acquired by violating your rights. There is no reason for your case to go to trial without evidence.
Law enforcement is often in violation of suspects’ rights in DUI cases when they pull them over without any apparent reason. The cops cannot pull a person over on a mere hunch that they may be drunk driving. They will need to observe them violating rules of driving in a manner that suggests that they are under the influence of drugs or alcohol.
The arresting officer may acknowledge that they did not have a valid reason to pull you over under cross-examination by an experienced lawyer. In such instances, there is a likelihood that the evidence from being pulled over will get suppressed, and the court may dismiss your drunk driving case.
Contact a Seasoned Criminal Defense Lawyer Today
It is a good idea to consult an experienced criminal defense attorney to understand your options if you have been charged with a crime or face interrogation by authorities. Attorney Ron Aslam can discuss your options, preserve your rights, and offer in-depth guidance to navigate the complex legal system. Call today at 502-581-1676 for a comprehensive consultation on your case.