I got a DUI in Gwinnett County: Am I going to jail?

Posted by William H. Sherman on Dec 06, 2015 | 0 Comments

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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William H. Sherman

With a professional background that includes serving as a Senior Assistant County Attorney and as an Assistant Attorney General, attorney William H. Sherman has great experience, a broad range of legal knowledge and a proven record of success.  Each of Mr. Sherman's clients gets the full benefit of his experience.  Because attorney Sherman has worked for governmental organizations, large corporations and clerked for a judge, he has handled a wide variety of cases from negotiation and trial to successful appeal. Mr. Sherman is very proud of his reputation as a problem-solver who is always available to his clients.  Active in the community, Mr. Sherman and his wife, attorney Valerie Sherman, support many community organizations, sports teams and charities.  Call him now and let his experience work for you.

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