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Jail time varies and is up to the discretion of the judge. If you are charged with misdemeanor DUI you can get no jail time or up to one year in jail. It depends on your criminal history. If you have prior offenses you may do some jail time. If you have no prior offenses chances are much lower that you will be sentenced to jail. It is up to the judge. In some states your third misdemeanor charge for the same crime can be prosecuted as a felony. For example if you have two prior DUI convictions you could be charged with felony DUI on your third. The maximum for this I believe is 5yrs in state prison. That is also up to the discretion of the judge. You could also get no prison time and get probation.

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14y ago

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