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Will I Go to Jail for a DUI?

Posted On: February 6th, 2019   |   Posted by: Luftman, Heck & Associates LLP
man holding bars of cells

A DUI charge can be frightening. It may leave you with a great deal of anxiety and questions about the future. One such inquiry that may run through your head after a DUI charge is, “will I have to go jail?” The particular circumstances of your case will determine whether or not you’ll have to serve jail time.

If you get charged for a DUI in Central Ohio, reach out to our experienced Columbus DUI lawyers at Luftman, Heck & Associates. We can investigate your case and inform you of your legal options. Call our firm today at (614) 500-3836, or reach out through the online form to schedule a free and confidential consultation of your case.

When is Jail Time Required After a DUI?

In Ohio, the penalties of a DUI conviction are based on the number of prior DUIs you’ve had, your BAC at the time of the offense, and whether you refused a chemical test. Here’s a brief overview of the incarceration penalties that follow Ohio DUIs:

  • First offense – If it’s your first time facing a DUI, you may have to spend between three days to six months in jail, or complete a certified driver intervention program.
  • First offense with high blood alcohol content (BAC) or chemical test refusal – If your first time DUI involves a high BAC or you refuse to take a chemical test, you can expect between six days and six months in jail, or a requirement to complete a driver’s education course.
  • Second offense – A second offense DUI may leave you with anywhere between 10 days and six months in jail.
  • Second offense with high BAC or chemical test refusal – If you receive a second offense DUI and you have a high BAC, or you refuse the chemical test, you can expect between 20 days and six months in jail.
  • Third offense – If it’s your third DUI conviction, you may spend between 30 days and one year in jail.
  • Third offense with high BAC or chemical test refusal – For a third offense DUI with a high BAC or chemical test refusal, jail time is between 60 days and one year.
  • First felony – For a first-time felony DUI, you may spend between two and 30 months in prison.
  • Second felony – A second felony DUI is punishable by anywhere between four months and five years in prison.

In addition to jail and prison time, you may be required to pay hefty fines, have your driver’s suspended, use an ignition interlock device, and enroll in alcohol education and treatment programs.

Why Should You Hire an Ohio DUI Lawyer?

After a DUI charge, it’s important to get in touch with a highly skilled Ohio DUI lawyer. An attorney can review your case and may be able to design a strong defense strategy that reduces the severity of your charge or dismisses it altogether.

By looking for weaknesses in the prosecution’s case such as the ones mentioned below, a DUI lawyer might be able to help you avoid a conviction, jail time, and a number of other serious penalties.

  • The police officer failed to follow proper chemical test protocols.
  • You were unlawfully stopped by the police.
  • You were experiencing a certain medical condition.
  • The police officer violated rules of evidence.

Charged with a DUI? Contact Luftman, Heck & Associates

If you’ve been charged with a DUI in Ohio, it is in your best interest to consult an Ohio DUI lawyer at Luftman, Heck & Associates. You can count on our firm to vigorously defend your rights, and fight for best possible case outcome. Call us at (614) 500-3836, or reach out online to schedule a free case evaluation today.



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