Will I have to serve jail time for 1st offense DUI?

A local defense attorney who knows the judges and Commonwealth attorneys (prosecutors) could answer that question best. Prosecutors have discretion and can push a case very hard or very light. I worked against 3 prosecutors: 1 woman offered the lightest sentence; the next woman offered higher sentences; the last prosecutor was the harshest and always wanted jail time for any crime. A judge can say, "The prosecutor is not being harsh enough, or the judge can say the prosecutor is being too harsh." I am talking about if you plea guilty or have a bench trial with no jury. In KY a jury gets to decide the sentence if you have a jury trial. I would definitely hire a private attorney or contact the KY Department of Public Advocacy and get a low cost or free governent attorney (public defender in other states). Hope that helps. Please click on the website. Thank you.

Any experienced DUI / DWI lawyer in Kentucky will be able to tell you what the law requires. For example, in Virginia, if you were found guilty of having a BAC of 0.17 at the time of driving, there would be a mandatory minimum 5 day jail sentence. There may be a similar statutory requirement in Kentucky. Aside from statutorily mandated sentences, courts may routinely impose jail sentences even though they are not mandated or required by statute. So you need to find out whether the law requires a jail sentence if you are convicted, and whether the court is likely to impose a jail sentence even if it isn't required. I hope you find this helpful. T. Kevin Wilson, Esq. The Wilson Law Firm DUI & Criminal Defense…When Results Matter 9300 Grant Avenue Suite 301 Manassas, Virginia 20110 Telephone 703-361-6100 Telephone 888-DUI-LWYR Facsimile 703-365-7988 Web: www.TheWilsonLawFirm.org Member, National College of DUI Defense Member, Virginia Association of Criminal Defense Lawyers Member, National Association of Criminal Defense Lawyers For a FREE copy of the Virginia DUI / DWI Arrest Survival Guide: The Guilt Myth, a consumer guide written by a nationally recognized Virginia DUI Defense Lawyer, visit www.TheWilsonLawFirm.org.