This is my first DUI. Will I go to jail?

00:00So the question is, will you go to jail on a first-time DUI? I will answer this generally. It will vary from state to state what the state's mandatory minimum punishments are that are required by statute, but I'll answer based on California law because that's where I practice. In California, in LA specifically, it could also vary from county to county sometimes. Generally you will not go to jail on a first-time DUI, absent any aggravating circumstances. What by that is if there was an accident, if somebody was injured, if there was a child in the car, if you're driving on a suspended license, if you refuse a breathalyzer, if you have a high BAC, meaning something over 0.15 or 0.25, all of those are aggravating factors that could potentially lead to jail time. But in short, a standard run-of-the-mill DUI, none of those aggravating factors present. You will generally get some fines and fees varying between a range of about $100 to about $2,500 court fines and fees. You'll get some license suspension from the DMV. You'll have to do a DUI education class. Generally it's a three-month class called AB 541. You have to do some probation. Generally right now we're looking somewhere between one and three years of probation time and it's a summery probation, meaning you will not have to report to a probation officer. And you'll probably be required to do some community service as well as the HAM, which is hospital and morgue. It's a hospital and morgue class. It's a one-day class you'll be required to do. And you'll be required to do the MAD victim impact program, which is the Mothers Against Drunk Driving Victim Impact Program. That is specific to California. That is specific to LA. But in general, to answer your question, first-time DUI, you're probably not going to go to jail.