Will a First-Time DUI Result in Jail Time?

If you were recently arrested for driving while ability impaired (DWAI) or driving under the influence (DUI) in the Denver area or elsewhere in Colorado, it is important to understand the penalties you could be facing if you are convicted. If this is your first offense, you may be worrying especially about the possibility of having to serve any jail time. As such, you might be wondering: will a first-time DWAI or a first-time DUI result in jail time? There is no clear answer for all circumstances, but a conviction could result in jail time. Depending on the details of the case, you could be sentenced to a short number of days in jail, or you could face significant prison time. Our Denver DUI defense lawyers can explain how the penalties work for DWAIs and DUIs in Colorado, and what you should expect.

First-Offense Penalties for DWAI and DUI Convictions in Colorado 

If you are convicted of a DWAI (having a blood alcohol concentration of 0.05 percent or more but less than 0.08 percent), or a DUI (having a blood alcohol concentration of 0.08 percent or higher), even a first-time conviction can result in jail time.

For a first DWAI conviction, you will have a misdemeanor conviction on your record that can result in a sentence of 2 to 180 days in jail in addition to other penalties that can include fines, community service, probation, and more. For a first DUI conviction, you will also have a misdemeanor conviction on your record and can face a jail sentence of 5 days to 1 year in jail, in addition to the other penalties cited above. A judge may not necessarily sentence you to jail time for a first offense in many cases.

However, if you have a blood alcohol concentration of 0.20 percent or higher — even as a first-time offender — then you will face mandatory jail time. This is true even if you did not cause an accident or injuries. Subsequent DWAIs and DUIs after a first conviction will typically result in a jail sentence.

Incarceration for First-Time DWAIs and DUIs Involving Injuries 

If you are arrested for a DUI that resulted in the serious bodily injury or death of another person, you will not just be facing drunk driving-related charges. Rather, you will be facing felony charges for either vehicular assault or vehicular homicide.

As Class 4 and Class 3 felonies respectively, you can face a prison sentence of anywhere from 2 years to 12 years depending on the facts of the case and the specific charges.

Contact a Denver DUI Defense Lawyer 

Given that even a first-time DUI can land you in jail, it is critical to avoid a conviction. Even if you are convicted and are not sentenced to jail time or to a prison sentence, there are other consequences of a DWAI or DUI conviction that it is important to consider. You will face administrative consequences associated with your driver’s license, as well as a substantial monetary fine. Depending on your job, you could also be restricted from working after a DUI conviction if your job requires driving. To avoid any consequences of a DWAI or DUI conviction, it is critical to seek legal help with your defense. One of the experienced Denver DUI defense attorneys at DeChant Law can speak with you today about your options.

Sources:

law.justia.com/codes/colorado/title-42/regulation-of-vehicles-and-traffic/article-4/part-13/section-42-4-1301/

cdhs.colorado.gov/sites/cdhs/files/2021-05/misdemeanor_sentencing_guidelines.pdf