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AttorneyTom, Lawyer
Category: Criminal Law
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Experience:  Attorney
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I live in las cruces new mexico, i got my first DUI, blew a

Customer Question

I live in las cruces new mexico, i got my first DUI, blew a .13, wasn't aggrevated, paid a bond to get out and have court tomorrow (10/3/2011). I dont want to go to jail because im a student at the university in las cruces and can't afford to miss...
Submitted: 5 years ago.
Category: Criminal Law
Expert:  AttorneyTom replied 5 years ago.
Hello! I'm sorry to hear about the situation!

What would you like to know?

Customer: replied 5 years ago.

I want to avoid jail time at all costs becuase this happened in another county and if i get jail time i will not be able to attend school....if i get jail time will there be a bond to get out?


Expert:  AttorneyTom replied 5 years ago.
Thanks for clarifying!

If sentenced to jail time, you would have to serve that time.
In some instances, alternatives may be available when an incarceration is appropriate (spending weekends in jail, etc.), though each situation and jurisdiction may handle such matters differently.

That said, for a first time DUI, if no one was hurt and no property was damaged, it's not likely that a defendant will be sentenced to jail time. It's not impossible, but it's unlikely.
Instead, a fine, license suspension, and probation are far more likely.
With probation, you don't serve time in jail but you have to stay out of trouble to avoid the sentence from the previous charge. Further, you may be prohibited from drinking.

However, it's important to understand that a DUI conviction can result in a number of other unfavorable situations (license suspensions, higher insurance rates, a criminal record, etc.) which can result in additional harm to a defendant later.
Therefore, you really want to take the matter seriously, as DUI is a serious and highly scientific crime.
You should immediately retain an attorney who regularly handles DUIs, as your attorney may find that there are defenses available to you. In some instances, for example, evidence can be suppressed and that can potentially be sufficient to essentially defeat a charge. That doesn't happen with every case, but in some instances it's possible. And, of course, other defenses may be available depending on the details.

I know that this may not be entirely what you wanted to hear. However, it's the honest truth and I know you want a truthful answer above all. I hope that you will click accept so that I am paid for my time and effort spent providing this information.

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