Q: I just got my first dwi bac .23. I see mandatory jail time is 10 days in Va. will they consider no jail?
A: By statute, the judge will be required to sentence you to 10 days of mandatory incarceration IF you are found guilty of DUI with that elevated blood alcohol content. You should contact an attorney right away (or ask for the Court to appoint you an attorney). There are many legal issues with DUI cases, which could lead to your jail time getting reduced or your charge being reduced/dismissed.
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A: Sometimes you can strike the BAC language by agreement or if there is a legal defense which would get rid of the mandatory jail time. But you need either a plea agreement and/or a legal defense to get there.
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