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In the case of drunk driving, a person can be charged with a felony after his or her third DUI misdemeanor, even if there is no human casualty or property damage. If convicted of a felony, a person can expect to suffer more serious penalties in addition to jail time. misdemeanor, for example, can involve time in jail, while a felony usually requires that a sentence of one year or more be served in prison. These consequences are in addition to fines that are proportionate to the level and severity of the crime.
Jail Time and Probation. Generally, a first-offense DUI is a misdemeanor. The judge can sentence you to spend up to 12 months in the county jail. (Prison is reserved for sentences over 12 months.) Some judges may not make you go back to jail after sentencing, giving you credit for the time you served when you were arrested.