Question: I got a DUI in Gwinnett County. I was driving home from a car show and I got pulled over for failure to maintain lane and speeding. I was driving an old truck that I have restored. At the show I was drinking beer with some friends. I didn't think I was all that drunk but I was buzzed.
I usually don't drink and drive but I thought after just 5 or 6 Bud Lights that I'd be OK to get home because the drive from the show to my house is less than a half hour. And I've lived in Gwinnett for over 10 years, so I know the backroads.
I put a ton of money into restoring that truck and I wouldn't have gotten behind the wheel if I thought that I'd be a danger to myself or anyone else.
But I wound up getting arrested for a DUI and I got a .139 on the breathalyzer or whatever it's called. I think that's a decent size buzz.
Now I'm worried about going to jail. I don't want to go to jail and lose my job at the hospital. If I get a DUI, will I have to go to jail? I need to know so I can plan my vacation right now.
L.H. in Lawrenceville, Georgia
Answer: The most important factor in whether a prosecutor asks for jail time for a DUI is whether it is a first offense or not. Of course you will have a much better chance not getting jail time if it's a first DUI than if it's a second, third, fourth, etc.
It doesn't sound like you were in an accident, which is good. Because if you were in an accident and someone was severely injured, then the prosecutor could charge it as a felony instead of a misdemeanor. And a felony DUI could land you in prison.
There are different courts in Gwinnett County. There is the Gwinnett County Recorder's Court, the Gwinnett County State Court, and there are a number of cities, like Lawrenceville, Duluth, Norcross and Suwanee, that have their own municipal courts.
Please call us at 678-215-4106 so a Gwinnett County DUI lawyer can discuss your case in detail and go over your options.
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