How to Avoid Jail After Getting a DUI

By eHow Legal Editor

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An arrest for driving under the influence of drugs or alcohol (DUI) can mean hefty fines, a suspended driver's license and even jail time. If you are facing charges, follow these steps.

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Instructions

Difficulty: Moderate

Things You’ll Need:

Computer with Internet connection
Attorney with DUI case experience

Step1

Hire the best attorney you can afford, and make sure the lawyer has experience with DUI cases. An attorney who specializes in DUI arrests will know the legal loopholes and defense strategies to help you avoid jail.

Step2

Know the laws. DUI laws differ from state to state and are constantly changing. The DWI Data Web site offers a source book for legislation throughout the United States (see Resources below).

Step3

Attend a treatment program and DUI classes. In some states, you can avoid jail time by participating in various programs. The American Council on Alcoholism provides a list of courts and groups that can help you (see Resources below).

Step4

Challenge even the smallest detail of your arrest. Small technicalities can be the difference between community service and serving a prison sentence.

Step5

If you are sentenced to jail, immediately file an appeal to have your case reviewed. Even if the conviction is not overturned, the appeal could change your sentence.

Step6

Avoid another DUI offense. After getting a DUI, you must avoid having additional charges brought against you. Repeat offenders usually receive jail time, so work with a treatment program and your support systems to avoid repeat offenses.

Tips & Warnings

Sometimes a plea bargain is your best deal. Ask your lawyer about pleading to a lesser charge—like reckless driving or a misdemeanor DUI—in exchange for a more lenient punishment.
DUI convictions can incur thousands of dollars in fines and fees. Even if you manage to avoid jail, expect to pay a hefty sum for your offense.
Your sentence for a DUI conviction often depends on your blood alcohol content (BAC). The higher you are above the legal limit, the more likely you are to serve jail time.