How to avoid 2nd DUI Jail time: Strategies for avoiding 2nd DUI Jail time in California
2nd DUI Jail time is mandatory under California law. CVC 23540 requires a minimum of 90 days and up to 1 year of county jail for a 2nd DUI.
This is meant to punish and deter 2nd DUI offenses and to meet the goal of reducing traffic collisions and deaths due to 2nd DUI offenses. It is also meant to deter or reduce recidivism in DUI offenders.
There are things that you can do to avoid 2nd DUI Jail Time: Talk to a DUI Lawyer
To avoid 2nd DUI jail time, a person facing 2nd DUI charges has a few options that work:
1. Probation (If the court grants probation.)
2. Electronic monitoring/Home confinement
3. Beating the case at trial or at pre-trial conferences
Each of these ways has their advantages and disadvantages as discussed below:
Probation: A get out of jail strategy that works.
Probation is a court ordered process where a person facing jail time may avoid going to jail if they comply with rules and terms given by the court in their case. Typical rules that must be obeyed include:
-Never again driving a car with alcohol in the driver’s system
-Compliance with all police demands for breath or field sobriety testing
-Not breaking any laws
-Attending court ordered classes on alcohol awareness
In exchange for complying with the numerous demands from the court, the driver will be able to avoid lengthy jail time and get on with their life.
Probation is not mandatory nor is it automatic. Judges can and do refuse requests for probation, depending on the nature of the charges and the driver’s prior record. It is important that your lawyer make the strongest possible argument for 2nd DUI probation and show the court that probation will work in your case.
Electronic Monitoring:Home confinement that lets people keep their job.
Home confinement via electronic monitoring is another way to avoid lengthy 2nd dui jail time. Using electronic monitoring, the court can monitor the whereabouts of the defendant and ensure they are not a danger to the community at large. The typical process of getting electronic monitoring in a 2nd dui case involves arranging a plea agreement in court so that the DA and the judge are “on board” with giving the defendant home confinement. Once all of the parties agree, home confinement is then handled via private companies that lease the monitoring equipment to the defendant. The monitoring equipment consists of a bracelet, worn on the ankle of the defendant. If the bracelet is removed, or if the defendant leaves a specified area, the court and police are notified and an arrest will likely occur.
Not all judges will give home confinement, and not all prosecutors will agree to it. It is up to your attorney to argue that home confinement is suited for your case.
During home confinement, the defendant can still go to work, church, alcohol education,
2nd DUI jail time resources:
Los Angeles Home Confinement Information: The LASD is the organization that handles home confinement in Los Angeles County.
House Arrest Technology: House arrest is a relatively new development and is a way to stay out of jail. This link discusses the technology used in house arrest.
Orange County Home Confinement: The Orange County Probation Department handles home confinement for Orange County cases. This link connects to the OC Sheriff’s Dept. Probation Dept. with information on OC house arrest.
2nd DUI Vehicle Code Sections: California law information for 2nd DUI cases and 2nd DUI Jail time.