DUI House Arrest: How you can avoid jail time for a DUI in California.
DUI House Arrest is a method of avoiding jail time for a criminal conviction involving a DUI arrest in California. Certain cases involve mandatory jail time, where the judge in the case cannot sentence the person to anything less than a prescribed amount of jail time. For example, a 2nd DUI conviction in California has a minimum of 90 days of county jail time given to the driver (CVC 23540).
If a DUI case is a strong one for the prosecution, there might not be a way to beat the case at trial. Where the case involves mandatory jail time (such as a 2nd DUI in California, or in 1st offense cases where there are aggrivating circumstances) DUI House Arrest is a smart alternative to avoid doing real jail time.
How it works: DUI House Arrest in California
Depending on which county you were arrested in, DUI House Arrest may be relatively simple to secure, or difficult. In some counties, DUI House Arrest is routinely given with permission of the court, in other cases it is always given unless the judge specifically orders that it not be available to the defendant. In other counties, getting permission from the court is difficult and often denied. An attorney who is familiar with local courts in each respective county will know the do’s and don’ts in securing DUI house arrest for their clients.
Frequently Asked Questions about DUI House Arrest:
Can I go to and from work?
Yes, many DUI House Arrest programs involve the defendant being allowed to live at home and travel to and from work during the day.
Can I visit relatives in another county?
Often the travel of the defendant is restricted to only very local destinations: Work, grocery store, daycare if they have children. Trips are not often allowed.
Will people be able to tell I’m on DUI House Arrest?
Usually no. Most DUI House Arrest monitors (bracelets that are worn by the defendant) can be hidden under clothes, secured around the person’s ankle.
DUI House Arrest Reference Links:
Los Angeles County DUI House Arrest: The Los Angeles Sheriff’s Department runs the DUI House Arrest program in Los Angeles County.
Orange County DUI House Arrest: The OC Sheriff’s site for DUI House Arrest Information