DUI: Do I get credit for the time I spent in jail?

Question: Over the weekend I was arrested for a DUI in Roswell. I got stopped because the cop said I swerved into another lane a few times. I think I only swerved once and he saw me. I was driving home with my girlfriend after a concert and we stopped at a bar on Holcomb Bridge Road where a friend is the bartender. I had a few drinks and then on the way back to my apartment I was pulled over.

I took the tests that the officer asked me to take and I refused the breath test. Now I'm worried because I heard that if you refuse to take the breath test then you can have your driver's license suspended for a year and I really need my driver's license for work. If I lose my license I may lose my job.

But my question for you has to do with jail. My girlfriend bonded me out of jail but I was in there for over 36 hours, really close to 2 days. It took me some time to get in touch with her and then she needed to get some money but finally she did and I got out of jail.

I want to know if I get any credit for the time I spent in jail if I have to do any jail time for the DUI charge.

M.R. in Roswell, GA

Answer: Yes, usually credit is given for any time spent in jail. You don't state if this is your first DUI or if there are other DUIs in your past. Obviously, the punishments increase for each subsequent DUI. In fact, a fourth DUI in 10 years is a felony.

If you are required to go to jail under your sentence, make sure that your DUI lawyer has the judge indicate in writing on your sentencing sheet that you are to be given credit for any time that you were held in jail. You should know that the Roswell Municipal Court solicitor is Krista Young. The solicitor is the prosecutor for the court.

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