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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