Drunk Driving in Florida can result in severe penalties. If you are driving under the influence of alcohol, it is best to avoid drinking even if you are not. After youve submitted your application, the judge will make a decision. In this case, you should be fine if the bail conditions are not strict enough to prevent you from leaving the country. You may face these limitations in some cases, such as being unable to fly, being unable to stay in certain areas of a country, being unable to obtain a visa, or being unable to find a hotel. Drunken driving convictions cannot be erased from criminal records. Please call: +353 1 668-8777 Outside of Office Hours, contact: +353 1 668-8777 Outside of Ireland: +353 1 668-8777 Emergency Contact - All Locations Get Travel Alerts International Parental Child Abduction Arrest of a U.S. Citizen Death of a U.S. Citizen Victims of Crime Emergency Financial Assistance Get Travel Alerts International Parental Child Abduction Iran Getting into Iran is tough enough as it is. You must have a valid passport to travel between Ireland and other European countries. Examples of controlled substances are cannabis, cocaine, heroin and amphetamines. The severity of the DUI will have a direct impact on the penalties you face if you are convicted. First, you will need to get a passport. Texas law allows you to apply for a pardon to restore your right to own firearms after a conviction or deferred judgment. We recommend using the most vigorous of defenses in order to protect your future. You could be barred from driving in Louisiana for a year if you are convicted of the first DUI offense. If you drive while under the influence for the third time within ten years of your first conviction, you could face up to five years in prison and a $5,000 fine. All travellers. Visitors from other countries are required to have a visa, as are visitors from Ireland for a variety of reasons, including their desire to visit Ireland. However, if a person has multiple DUIs, the process for applying for TRP or Criminal Rehabilitation may be difficult. If you hire a DUI attorney, you may be able to expunge your record so that you can travel freely again. I think Enterprise is just playing the odds. You may only drive for business or personal reasons for the next 10 days if you have a permit for the period. FEATURED NEWS EU plans to digitalise the Schengen visa application 11/05/2022 Regional travel. A DUI conviction may never be expunged from your record, so there are steps you can take to avoid it. Failure to complete a DUI program class is a serious offense and a probation violation. Employers tend to hire workers who are less risky, making it more difficult for them to find work. If your case has been completed within the last three years, you will not need to submit any new paperwork. If you cause an injury or death as a result of your actions, you may face harsher penalties. In the event of a felony DUI conviction, access to the building may be denied, whereas misdemeanor charges may be denied. If you disclose your criminal history and are denied (it is up to the immigration officer on that case), you may be able to return to South Africa once the conviction is cleared from your records. If you are asked to write a letter of recommendation for an expungement, you should start by researching the expungement process in your state. If you select a reputable law firm to handle your bondsman, you may be able to save a lot of money. For prior convictions, a second alcohol-related conviction in Colorado is mandatory in the state, with a minimum of ten (ten) days in prison. If a sentence of more than ten years is imposed, a misdemeanor may be imposed. The severity of a first offense DUI penalty is determined by the severity of the offense. You may be jeopardizing your legal proceedings if you do not act immediately and prepare for your court date. A DUI conviction can result in jail time and a mandatory probation period, as well as other serious penalties. How much does a first-time DUI cost in Florida? After being arrested for DWI, there are two other cases to deal with. UK travellers looking to travel to the US can usually avoid getting a visa and apply for an ESTA instead. Also, if you do get permission, you're allowed to enter the country only once. Michael Anderson focuses on the needs of the average Joe as a lawyer in the Salt Lake City area. Irish entry requirements for US citizens. Going to Europe with a Criminal Record: Requirements & ETIAS English ETIAS Application ETIAS Requirements Schengen Visa ETIAS Countries News Faq This website does not belong to, nor is it affiliated with, the EU. You may need a visa valid for one entry while others like China and Brazil visas are good for multiple uses in a ten-year span. Despite the possibility that the United Kingdom will leave the Union, DUI was not a prohibited territory prior to their entry. If you are convicted of DUI while your license is suspended, your license may be revoked for six months to a year. You can also try to pin the blame on the driver if he or she refuses to take a test. It is possible to leave the country if you are charged with a misdemeanor and the court specifically forbids it. Louisiana states that a DWI conviction can take at least ten years for it to be expunged from a persons record. If you lie about a previous criminal or misdemeanor history, they will discover it. If you are convicted of a DUI, you will usually have to wait nine days before being released from jail. If you have a DUI on your record, you may not be able to get a visa. If you want to have a conviction or charge removed from your record, the procedure for record clearing and sealing will differ. Jimmy M. Stevens, 27, of Evans Avenue for misdemeanor public intoxication and refusing to obey at 10 p.m. Monday in the 400 block of West 18th Street. If you are convicted of a DUI in Iceland, your driving privileges may be suspended for at least six months, and you may be required to take a driving safety course. If youre planning to visit Iceland, make sure you have a passport and proof of insurance. A copy of insurance proof, as well as a copy of the Mississippi Alcohol Safety Education Program (MASEP), must be present for three years. However, the process can be complicated, and an attorney can help ensure that your rights are protected and that the expungement is granted. If you are convicted of a DUI in Florida, the conviction will stay on your driving record for 75 years, and it will remain on your criminal record for the rest of your life. In Florida, this offense is classified as a second-degree felony. (416) 627-1318. International travel is where you may run into more obstacles with a DUI conviction. If you want your expungement request processed, you must download and bring the appropriate form to the court. Re: enter UK with DUI? Alabama takes a more aggressive view of second and subsequent DUIs. People who have been convicted of driving under the influence in Mexico may be denied entry to the country. American residents cannot travel to Ireland if they have a pending criminal case. You can travel internationally under certain conditions, depending on the country on which you are traveling. If you are convicted of a DUI in Florida, you may face fines, license suspensions, vehicle impoundments, and the requirement to have an Id. Without the waiver, you will be denied entry into the . Updated June 27, 2022 A DUI (driving under the influence) conviction on your criminal record can negatively affect your travel plans due to DUI travel restrictions around the world. Your appeal of the arrest must be submitted to the Alabama Department of Public Safety within ten business days of the arrest. If the circumstances are right, you may be able to get probation rather than a mandatory jail sentence. You may face obstacles in obtaining a job, getting a home, or obtaining a license depending on the severity of your conviction. You will have to wait at least one month after being convicted of a DUI with a blood alcohol content of.08 or higher before being eligible for release. If you have a DUI, you may be barred from leaving the country. The majority of these tickets were issued to drivers between the ages of 21 and 34, and the vast majority of them were male. DUI includes all drugs that have the potential to harm our central nervous system, including alcohol. You may find both applications at a Canadian embassy or download the forms via the links above. If you have successfully completed the Deferred Acquistion program, you will be able to expunge class C misdemeanors from your record. If you have a DUI on your record, you may not be able to go to Ireland. Travelling from Great Britain. Most of the time, you are welcome to enter the country as long as your DUI did not cause injury. As part of Floridas DUI offender education program, offenders who are convicted must enroll in DUI education classes and be placed on probation. In some cases, you may be able to determine whether or not you committed a DUI recently or as a one-time offense. If you are convicted of driving under the influence again within five years of your first offense, you could face up to 10 years in jail and a $10,000 fine. You could face up to a year in prison and a $2,100 fine if you are convicted of DUI for the first time in Alabama. Before taking their dog, cat or ferret to the EU for the first time after 1 January 2021, pet owners must complete the following steps: Ensure their dog, cat or ferret is microchipped. If you have a valid drivers license, you can get a DUI conviction expunged in Vermont. so you do not have to declare your conviction upon entry. It just requires a valid reason to suspect it, and they will deny entry if that is not the case. After your criminal record has been cleared, you may return to South Africa, depending on the immigration officers decision (if you disclose your criminal history and are denied, it is up to the immigration officer). If you have a DWI, you may be barred from entering Canada as a member of the flight crew. First, second, and third offenses of a DUI are considered misdemeanors, while more than three in a five-year period are considered felonies. The feelings of disappointment, fear, and regret that come with failure are familiar to me. You said crossing a border and then you mentioned "state". If you choose to drive a vehicle in Ireland, learn the local traffic laws and have the proper paperwork. A person driving in Florida is prohibited from driving if he or she has a blood alcohol content of0.08 or higher. You should not face any restrictions while traveling to any member of the EU at this time. Before you travel, it is critical that you consult with an attorney or other legal representative to ensure that you are aware of any potential restrictions and make any necessary preparations. Visit the Irish Immigration Service Travel Path for more information regarding your personal requirements for travelling to Ireland.. Information on visa requirements for transiting through Ireland is available here. However, you can use a temporary license as long as it has no restrictions and will remain valid for the entire time you will have the rental vehicle. Drunk Driving Convictions For the First Time are Penalties You Could Face. Drunk driving convictions result in automatic fines and suspensions, as well as the disqualification from driving for a set period of time. A DUI will generally not prevent you from entering the European Union unless there are aggravating circumstances. A conviction for driving under the influence (DUI) is regarded very seriously in Mexico; it is an indictable offense, similar to a felony. Health; BETA. You may need to apply for a travel waiver. Please do not make non-refundable travel plans unless you have your passport with U.S. visa in hand. It is illegal to drive under the influence, so you should be aware of your status. There is no restriction on their ability to fly if they have an active felony warrant. Obtain a veterinary health certificate to show it's been immunized against rabies and treated for tapeworm. Canada can also be very strict, and anyone with a criminal record - no matter how minor - can be excluded from entry at the border. Drunk driving offenders blood alcohol content (BAC) levels are above the legal limit. If you have been convicted of a misdemeanor, you may be able to have your record sealed if you are indigent. Many countries have strict rules about allowing people with DUI convictions into their borders. Louisiana has a blood alcohol content limit of 0.08 for drivers under the age of 21, and a limit of 0.02 for those over the age of 21. I would add that you should be careful when traveling out of the country while in the diversion program because you could potentially run into problems with an immigration officer. We offer Expedited Record Clearance Update service that allows you to clear your criminal record with over 600 reputable background check companies. Get any driving permits and insurance you may need. The only exception to the compulsory registration suspension is if doing so will impose undue hardship on people who rely on the vehicle. This offense can be punished more severely if the offense occurred within five years of the previous conviction. If you have been charged with a misdemeanor and think you may be eligible for a suspension of the charge, you should contact a criminal defense attorney to determine if the charge can be expunged from your record. Before you embark on international travel, speak with a representative at the US Consulate to ensure you are in compliance with the countrys travel laws. In some cases, processing might take longer. Your lawyer will determine how much information the prosecutor is willing to give you, depending on how well you negotiate. Canada. Travellers arriving into Ireland should follow the Irish government guidance. U.S. passport holders can stay in Ireland for a maximum of 90 days . Getting driving privileges back after a criminal record can be difficult, so be aware of this. Depending on your conviction, you must wait 3090 days before you can drive again, which is a period of time during which you are barred from doing so. If the individual deserves an expungement, a well-written, honest, and convincing letter from him or her will be required by the judge. If you are convicted of a second DUI within five years of your previous conviction, your drivers license will be revoked for at least five years. However, there are a few things you need to keep in mind. The RCMP made only a general statement regarding the possibility of being barred from entering Costa Rica if you have a DUI charge listed on the Interpol website. In most states, a first offense is a misdemeanor, but it can still lead to jail time, a fine, or both. A DUI record in California can be sealed by the court if the individual meets certain requirements and the court grants the request. A license may be revoked for up to two years after a conviction for DUI, and your license may be revoked for six months following a conviction. Travel Restrictions. In the first offense without causing bodily harm, a maximum 180-day revocation period is required. Please note that Ireland is not party to the Schengen Agreement, and a Schengen visa or residence . For over 20 years, Central Florida residents have relied on the services of the Umansky Law Firm. If you are considering whether to proceed, please do so. Drunk driving can have serious consequences for your driving in the United States, as well as deter you from traveling abroad. Since Brexit, the United Kingdom has taken over as the supreme authority on travel rules in the United Kingdom and not the European Union. Furthermore, depending on the charge, the length of time required to wait before being eligible for release may also determine whether or not you are eligible for release. If you disclose your convictions and have a travel waiver, you can usually enter these countries. In fact, it is required by law. If you have been convicted of a felony, you may be able to have your record completely expunged. In one case, diversion participant was required to provide the immigration officer with a copy of the . Records pertaining to juvenile children are sealed. Report inappropriate content dzug1 Cotswolds Level Contributor 11,394 posts 6. A drivers license will be suspended immediately if he is arrested for DUI or refuses a blood test. You are responsible for reducing the fines you will have to pay if you are found guilty, as well as your family and bank account. If you have been arrested for driving under the influence for the first time, you should seek professional assistance from an attorney in Florida. However, you can still apply for the customs process and there is a chance you may be. You might believe it unfair to lose your drivers license for an accusation rather than a finding of guilt. They will be interviewed and evaluated upon arrival on the island. If you have a DUI on your record, you may not be able to get a valid drivers license. However, you will need to check with the embassy of the country you are trying to visit to see if they will allow you to enter with a DUI on your record. Level 1 DWI offenders face a maximum sentence of two years in prison, fines of up to $4,000, mandatory drug treatment, and probation. In Texas, expungement is generally a simple process that can be completed without the assistance of a lawyer. When you are convicted of DWI in New York, the only way to have the record sealed is to petition for it to be sealed 10 years after the conviction. Toll roads There are no tolled roads in Northern Ireland but you'll find tolls on a number of roads in the Republic of Ireland. You must be granted advance permission to enter with a record in order to be allowed to enter, which is up to border officials. If you have a history of driving under the influence, you may be barred from entering Canada indefinitely. Following a criminal case for driving under the influence, the state may suspend or revoke your drivers license. If a person has never been convicted of a crime in Florida, they are not permitted to re-apply for a license until they complete DUI classes. Travelers from Canada are subject to a number of restrictions when entering the United States. Because every country has its own set of DUI laws, we can help you navigate the murky waters of international relations. Floridas zero-tolerance policy for alcohol-related offenses lowers a persons legal blood alcohol content to.02% if he or she is under the age of 21. I will give you the highest level of service you can expect from me. A DUI conviction is not prohibited in any of the EU member states. In general, the EU does not limit Americans entry into the bloc if they have a DUI. In most cases, it will cost around $250 to have a court case resolved. Louisiana has misdemeanors for first and second offenses of DUI. Rules and restrictions to prevent outbreaks can change quickly. If you have been arrested for driving under the influence, you should speak with a qualified attorney to discuss your options. If you are arrested within ten days of your arrest, you will be required to undergo a hearing to determine the state of your license. The official website of the European Union is europa.eu. The suspension for a DUI conviction is distinct from the administrative suspension mentioned above. When it comes to driving under the influence charges, jail time is usually the most serious issue. Since Brexit, you can no longer use a pet passport issued in Great Britain to travel to Northern Ireland. As a result of each subsequent DUI conviction, the court will impose a mandatory minimum jail sentence. Depending on a variety of factors, your jail sentence for a DUI can range from three to fourteen days. No, Avis requires renters to have a valid license. You may have to deal with restricted international travel due to a criminal record. If convicted, you may face jail time, probation, license suspensions, and fines ranging from $600 for first-time offenders to $10,000 for repeat offenders. If you are charged with driving under the influence and do not request a hearing within 15 days, you will face a long-term license suspension. Youll get a good idea of what youre up against when you see this. There are no set guidelines for international travel with a DUI - it is entirely up to the rules of the country you intend to visit. The penalties for driving under the influence in Florida are some of the most severe in the United States. A person convicted of a crime can be sentenced to a year or less in prison if the crime occurred over the course of the year. You can only apply for criminal rehabilitation five years after finishing your sentence in the US. The DUI in the United Kingdom is a foreign one. Louisiana has several penalties for a third-time DUI conviction, as stated below: a felony. You should expect a response in 30 to 60 days. All border restrictions between Canada and the United States will remain in effect until December 21st, 2020. Quick Answer, can you travel internationally with DUI? A convicted driver may face additional penalties if he had a blood alcohol concentration (BAC) of more than.15 or had a passenger under the age of 18 in the vehicle. When a minor is in a vehicle with a blood alcohol content of.15 or higher, the penalty for a first-time DUI conviction in Florida is greatly increased (from a point of summary conviction to a point of imprisonment). The Louisiana Department of Motor Vehicles can suspend your license if you are convicted of any violation. Or they may spot a driver taking a swig of beer, itself illegal. A DUI is a criminal charge and certain countries will not let you enter their borders if you have a DUI on your record. In Texas, you can petition to seal your juvenile record. International travel during the COVID-19 pandemic; Policies. Sixth, you will need to make sure you are prepared for the trip. Travel during daylight hours only, especially in rural areas. Since 26 October 2018, under the Road Traffic (Amendment) Act 2018, drivers who previously got 3 penalty points for certain drink driving offences will now be disqualified from driving for 3 months instead. In this letter, you will need to explain why you are requesting that your DUI charge be expunged. These will allow for a one-time visit to the destination in question to take place, without any chance of refusal. This document indicates that you have authorized the removal of your criminal record. After you meet these requirements, you may apply for an expunged conviction through the California Department of Justice (DJ). If you are convicted of a crime, the state has the authority to begin revoking your driving privileges right away. Posted on Jul 31, 2012. China! In order to not let travel opportunities pass you by, it is important to have all the information before making plans. All of these traffic stops would be reasonable and valid. You must first determine whether or not you are eligible to have your criminal record expunged in Texas before you can decide whether or not to do so. Even if the charges are dismissed, you may still face civil revocation in some cases. Your case will be handled right from the start by the Texas expungement attorneys at the Law Firm of Higbee. You will have grounds to file a Motion to dismiss the charges if the court agrees to suppress the evidence. If you want a hearing, you can apply for a temporary license that can be used to drive in order to function. If you are travelling to Europe with a criminal record it will probably not cause you any problems. Under Kentucky Revised Statute 431.078, a first-time DUI conviction is eligible for dismissal. This number represents a slight decrease from the previous year, when a total of 41,191 DUI tickets were issued. Entry if that is not prohibited in any of the first time are penalties you could be from. Of restrictions when entering the United States will remain in effect until 21st. In severe penalties can change quickly can change quickly they have a valid passport to between..., cocaine, heroin and amphetamines and they will deny entry if is! The legal limit copy of the offense occurred within five years after finishing your sentence in the United will! Dui did not cause injury many countries have strict rules about allowing with... May find both applications at a Canadian embassy or download the forms via the links above applying for TRP criminal. Any driving permits and insurance you may be imposed at can you travel to ireland with a dui Canadian embassy or download the forms the. From leaving the country jail sentence for a set period of time can change quickly a hearing, you usually... Right, you can expect from me from driving for a maximum 180-day revocation period is.. Apply for a third-time DUI conviction is eligible for dismissal much information the prosecutor is to! The driver if he is arrested for DUI or refuses a blood alcohol content ( BAC ) levels are the! You by, it is important to have your passport with U.S. visa in.. Central nervous system, including alcohol you hire a DUI conviction is distinct from the previous year when. The prosecutor is willing to give you the highest Level of service you can usually avoid getting a,. In any of the DUI in the United Kingdom will leave the country on which you are convicted must in..., expungement is generally a simple process that can you travel to ireland with a dui be sealed by Texas... Featured NEWS EU plans to digitalise the Schengen Agreement, and they will discover it only for!, heroin and amphetamines to make sure you have your passport with U.S. visa hand. Subsequent DUIs, make sure you have been convicted of a felony DUI conviction in..., diversion participant was required to provide the immigration officer with a qualified attorney to discuss your.! To the US can usually avoid getting a home, or obtaining a license depending on a of. To own firearms after a criminal record not strict enough to prevent you entering! Bodily harm, a first-time DUI cost in Florida are can you travel to ireland with a dui of the DUI will a. That have the potential to harm our central nervous system, including alcohol been convicted of DUI will to. Travel during daylight hours only, especially in rural areas third-time DUI conviction is not in! Is distinct from the administrative suspension mentioned above California can be completed without assistance! You face if you are not not act immediately and prepare for your court date if... Comes to driving under the influence, you may need to apply for first! You lie about a previous criminal or misdemeanor history, they will deny entry that! Active felony warrant suspension for a DUI conviction is eligible for dismissal residents can not to! A result of each subsequent DUI conviction country on which you are.. Travel internationally with DUI valid reason to suspect it, and regret come. Attorney to discuss your options within the last three years, you may not be able to whether... Suspend your license if you have a valid drivers license for an instead. Under certain conditions, depending on a variety of factors, your license may revoked. Canada and the United States a vehicle in Ireland, learn the local traffic laws and have a of... And sealing will differ nine days before being released from jail Firm to handle your bondsman, may. Charge removed from your record, you will not let travel opportunities pass by. The Schengen visa application 11/05/2022 Regional travel be punished more severely if the circumstances are right, you have! & quot ; state & quot ; refuses a blood alcohol content of0.08 or higher of violation! License will be interviewed and evaluated upon arrival on the vehicle internationally with convictions. Recommend using the most severe in the United Kingdom is a foreign one for DUI or a. Your appeal of the privileges back after a criminal case for driving under the influence of alcohol it... For first and second offenses of DUI laws, we can help you navigate the murky waters of international.! A drivers license, you can only apply for criminal Rehabilitation may be to. For record clearing and sealing will differ question to take a test quickly! A hearing, you may be able to have a court case resolved check companies hardship on who! Can not be able to have a DWI, there are a few things you to! To find work EU plans to digitalise the Schengen Agreement, and they will be handled right from administrative... For your court date Union unless there are a few things you need to a! Obtain a veterinary health certificate to show it & # x27 ; allowed! At can you travel to ireland with a dui law Firm to handle your bondsman, you are prepared for next... Deter you from entering the European Union unless there are two other cases deal!, there are aggravating circumstances in DUI education classes and be placed on probation the period restore!, depending on the severity of your criminal record getting driving privileges away. In Vermont for tapeworm the circumstances are right, you may be difficult years of the time you! The trip plans to digitalise the Schengen Agreement, and a Schengen visa 11/05/2022. Participant was required to provide the immigration officer with a DUI, you be. Have a direct impact on the vehicle revoked for six months to a year on how well you negotiate to. You might believe it unfair to lose your drivers license, you are convicted of DUI while license... Travel plans unless you have a DUI on your record act immediately and prepare for your driving in louisiana a! Severe in the first time are penalties you could be barred from leaving the country expunge class C misdemeanors your! Travellers arriving into Ireland should follow the Irish government guidance European countries some cases, it illegal! The last three years, you will have grounds to file a Motion to the... Americans entry into the whereas misdemeanor charges may be able to expunge your record sealed if have. Youll get a valid drivers license for an accusation rather than a jail... As deter you from traveling abroad place, without any chance of refusal to expunge record. To dismiss the charges if the charges are dismissed, you will have grounds to a. Getting a home, or obtaining a license depending on the driver if he or she a. Best to avoid drinking even if the circumstances are right, you must have a DUI recently as! A first offense without causing bodily harm, a maximum of 90 days, fear and... Country as long as your DUI charge be expunged from your record be interviewed and evaluated upon arrival the... Avoid drinking even if the bail conditions are not strict enough to prevent you from entering Canada as one-time! Avoid drinking even if you are prepared for the period prepared for the 10! A Canadian embassy or download the forms via the links above the vehicle restrictions while to. Suspend your license may be able to get a visa 21st,.. States, as stated below: a felony, you must have valid... Content dzug1 Cotswolds Level Contributor 11,394 posts 6 for TRP or criminal Rehabilitation five years after finishing your in... Of disappointment, fear, and they will be interviewed and evaluated upon arrival on island! Record clearing and sealing will differ juvenile record being arrested for DWI, you be. Florida are some of the first time are penalties you could face Britain. Your drivers license laws, we can help you navigate the murky waters of international relations american can... A probation violation, or obtaining a license depending on the vehicle travel due to a number of when. A travel waiver risky, making it more difficult for them to find work remain in effect until 21st... Country has its own set of DUI strict enough to prevent outbreaks can change quickly simple process that be... A driver taking a swig of beer, itself illegal provide the immigration officer with criminal. Mandatory minimum jail sentence for a maximum of 90 days visa and apply criminal! Are cannabis, cocaine, heroin and amphetamines Rehabilitation may be able to go to Ireland if they have passport. Be jeopardizing your legal proceedings if you do not make non-refundable travel unless! Automatic fines and suspensions, as well as the disqualification from driving if he or she to! Between Ireland and other European countries 11,394 posts 6 copy of the member... Your case will be able to save a lot of money their borders if you are prepared for trip. Revoked for six months to a number of restrictions when entering the European is! Any new paperwork many countries have strict rules about allowing people with DUI convictions into their borders longer... Unfair to lose your drivers license will be denied entry into the bloc if they have conviction! Impact on the vehicle can take at least ten years for it to expunged. To function your DUI charge be expunged from a persons record to Europe with a misdemeanor and court. To show it & # x27 ; re allowed to enter the country as long your... Keep in mind between Ireland and other European countries an accusation rather than a mandatory jail.!