Avoid Jail Time

Los Angeles DUI Lawyer shows you how to avoid Jail

Jail for a first time DUI is a possibility. For 2nd and 3rd DUI’s, it is mandatory under California law. So clients facing a DUI charge need to seriously consider what they are going to do to avoid going to jail.

Fortunately, there are alternatives to jail for DUI defendants, and a Los Angeles DUI Lawyer can show you what they are.

A very common question people with a 2nd or 3rd DUI ask is whether they can avoid jail via an alternative sentence.

It depends on where the DUI took place. Certain counites in California do not allow, under any circumstances, house arrest on a standard 2nd or 3rd DUI. Other counties won’t consider them in Felony DUI cases, but will in misdemeanor cases. You’ll need to speak with an attorney familiar with the various counties in California and the alternatives available to you to best suit your case.

Some things you should consider if facing a 2nd, 3rd or 4th DUI

California law is harsh to 2nd, 3rd and 4th DUI offenders. These offenders face mandatory jail time if they are convicted. This is because the Caliornia legislature and govenor have determined that multiple DUI cases present such an extreme danger to society that people who are engaged in this behavior need to be jailed (or placed in alternative sentencing programs.)

In these cases, if you plead guilty or are found guilty after a trial you will go to jail, unless some sort of alternative sentencing can be arranged. (Again, this is not available in every county in California, so you should speak to a DUI Lawyer familiar with the various counties.)

You should also be aware that alternatives to jail are a privilege, not a right. A judge often has discretion to give you house arrest or jailtime, depending on what they think of your case. Therefore you want an attorney who knows what each judge looks for, and what arguments work for various judges.
Also, it is important that you understand everything you are required to do in these cases, in terms of eligibility for alternative sentencing, because failure to complete all of the required items means you’ll end up in jail.

Lastly, alternative sentencing requires drug testing. So if you’re using medical marajuana, or on prescription medication, you won’t qualify for alternative sentencing, even if you have a valid marajuana card or prescription.  In fact, to even qualify for an alternative sentcing program, you have to be drug tested in the beginning. So if you cannot pass a drug test, you cannot qualify for an alternative sentencing program.

These jail alternatives are truly a gift and people wishing to take advantage of these alternatives need to be serious about getting the help they need.  They are designed to help people truly face substance abuse problems…. so the person has to be ready to actually commit to doing what is needed to qualify for the alternative program.

Jail alternatives available for DUI defendants

Not all of these alternatives are available in every county in California.  In fact, some counties don’t have any jail alternatives. Its important to talk to a lawyer who knows the rules for the various California counties.

DUI/Drug Court

Often people with multiple DUI’s have chemical dependency problems. The court system realizes this, and has established intensive rehabilitation based programs where defendants have to attend mandatory meetings, screenings, drug tests and alcohol classes. A DUI court

DUI court is detailed and extensive, with strict screening and participation requirements including random drug testing and random inspections by law enforcement officers. These DUI courts are only available to people with no violent crimes in their criminal past. DUI court is only available in certain counties and while it is free (or low cost) it is very involved and detailed. If you fail to comply with the conditions of DUI court, you will be forced to go to jail.

House Arrest
House arrest involves an electronic bracelet that monitors your location. The location information is sent  to probation and to a private company from the braclet, which is worn on the ankle and can randomly sends location information to the electronic monitoring company. The bracelet cannot be taken off until the completion of the sentence, or an alarm will be triggered.

Often people given house arrest with an ankle braclet can still go to work during the day while hiding the device under their clothes.  This is a big advantage….. house arrest allows you to keep your job and stay at home with your family.

Work Furlough Program

Work furlough programs involve a private city jail facility where the defendant serves their time in the private city jail during the evening, while going to and from work in the day.

Some work furlough programs only allow the defendant stay at the jail during the weekends, which means completion of the sentence takes a long time, but can be done in the weekend. The advantage to weekend programs is the defendant can stay at home during the week.

For more information of the work furlough programs in your county, call 213-400-3518 to speak to a Los Angeles DUI Lawyer who focuses on multiple offender DUIs.

SCRAM

Scram is a new alternative to jail, in fact its so new that many judges don’t know about it and need to be educated on it. SCRAM works by sensing alcohol through your skin via a bracelet that detects alcohol seeping through your skin. The bracelet sends a signal to your lawyer and the court if it senses alcohol.
SCRAM is a way to have serious alcoholics off of their dependency on alcohol.

Call a Los Angeles DUI Lawyer to learn more about the alternatives to jail.

 

Leave a Reply