If my DUI court date is coming up in 2 weeks, can I serve time in lieu of paying a fine?

UPDATED: Sep 29, 2022

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If my DUI court date is coming up in 2 weeks, can I serve time in lieu of paying a fine?

I have no lawyer; I’m just going to ask the judge if I can do that, or could he have me do both?

Asked on July 29, 2015 under Criminal Law, North Carolina


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The answer is yes, you can ask the judge if he will impose an imprisonment-only punishment, but the judge is under no obligation to do so, and could easily impose a fine instead, or even both. Judges tend to take DUI cases very seriously, and do not look to accommodate the impaired or drunk driver, so it is unlikely that the judge will take your request seriously; it is much more likely that he will follow the general sentencing guideliness given the circumstances, any prior DUIs, etc. You are urged to retain an attorney to help you--DUI can be very serious, and an experienced lawyer will greatly increase you chance of a good (or least "less bad") outcome.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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