Unless a first DUI or DWI charge is the result of an injurious or fatal accident, then the charge is probably a misdemeanor. Could you be jailed for a misdemeanor DUI then? That will depend on your state's laws, or even your county's rules. Speaking to a local DUI lawyer is your best way of finding out what to expect from your case, but in the meantime, here are some of the factors that would affect the potential outcomes of your case, and thus your defense strategies going in.

First, there are your state laws to consider: In some parts of the country, there are mandatory minimum sentences for a DUI conviction. For example:

• California and Connecticut mandate a 48-hour jail sentence for a first DUI
• Arizona requires a 10-day jail sentence, but it is possible to suspend 9 of those days
• Florida calls for 8 hours of jail time

Then there is your personal driving record. If you have prior arrests involving alcohol, then that certainly won't help your case. And if for any other reasons, you have racked up a substantial amount of points against your license, even a first DUI conviction could mean a jail sentence.

There are other details in your DUI case that could increase the chance of serving jail time:

• Children were in the car
• Blood alcohol content (BAC) was incredibly high
• The car's speed
• Resisting arrest

So what are your options when it comes to staying out of jail? In some cases, it will be advantageous to arrange a favorable plea deal, and with a first-time DUI, you likely have a greater chance of achieving such a deal. For instance, even in California where there is a mandatory minimum sentence, the jail sentence could be served out as community service instead. (Similar deals could be reached in Connecticut other states as well.) Each state has its own laws regarding minimum sentences and possible plea bargains.

And of course, there is the option of beating your DUI charge altogether. Learn what your legal options could be when you start working with a DUI defender today!