DUI | Avoid Jail Time

A DUI arrest in California can be a frightening experience with feelings of uncertainty, shame and confusion particularly when the possibility of jail time looms. Many defendants successfully avoid incarceration by understanding the legal process, seeking skilled legal representation, and taking proactive steps to address the situation. Here’s what a driver needs to know about avoiding jail time for a DUI in California.  Learn more about DUI jail time.

The Severity of DUI Penalties

California has strict DUI laws, and penalties can vary based on the circumstances of your case. Factors such as prior DUI convictions, the level of blood alcohol content (BAC), and accidents involving property only or also injuries and/or fatalities can all influence the severity of the punishment.

A DUI, driving with an alcohol level of .08 or higher, is a misdemeanor.  By definition, a misdemeanor carries the potential for jail.  So, even first offense DUIs carry the potential for jail.

Factors that Can Influence Punishment Include Dangerous Driving Such As:

Weaving
Drifting
Swerving
Speeding
Excessive Speed with Reckless Driving
Near collisions
Collisions
Collisions with Property damage
Collisions Causing Injuries
Death

Conduct with Police Can Influence Punishment

Belligerent / Abusive Statements
Threats
Delays / Resistance of arrest
Hitting / Kicking Police

Age of Passengers Can Influence Punishment

Child or children under 14
Child or children under 18

Alcohol Level, Drugs and Other Factors Can Influence Punishment

.15% or more
20% or more
Consumption of Prescription / Illegal Drugs
Other Crimes Committed in Conjunction with the DUI
Open Container(s)
Possession of Drugs
Possession of Weapon(s)
Unlicensed
Suspended License at the Time of the DUI
Commercial License CDL
Refusal of a Chemical Test
Prior Record
Prior DUI Convictions within the Last Ten Years
Convictions for Other Crimes

How to Avoid DUI Jail Time 

Hire an Experienced DUI Attorney
One of the most critical steps to take is to hire a skilled DUI attorney. An experienced lawyer can examine one’s case, identify weaknesses in the prosecution’s evidence, and negotiate on a client’s behalf. They may be able to argue for reduced charges, plea bargains, or alternative sentencing options that keep a client out of jail.

Your attorney can review whether the arresting officer followed proper procedures and determine whether the evidence against the client is admissible in court. For example, errors in administering field sobriety tests, improperly calibrated breathalyzers, or violations of one’s during the arrest could result in the dismissal of charges or reduced penalties.

Negotiate with Prosecution
In many cases, the attorney may negotiate with the prosecution to avoid jail time and obtain a reduced charge. While this may still result in fines or probation, it can spare a client from incarceration and with a reduced charge, avoid a DUI.

Preparation of mitigation evidence to reduce potential punishment
 A driver should seek the services of a proactive attorney who can formulate an approach tailored to the facts of a client’s case to potentially reduce the punishment and avoid jail.

Taking steps now well before court can result in a significant reduction of potential penalties and avoid jail.  Acting now can also help to obtain an immediate restricted license rather than suffer a complete loss of one’s driving privileges.

Most importantly, addressing a perceived alcohol “problem” can substantially improve the outcome of the DUI case and potentially avoid jail.  Such an approach is not an admission of guilt or an acknowledgement of “having a problem.”  Instead, attendance of alcoholic anonymous meetings/alcohol related counseling, DUI classes, outpatient alcohol treatment programs or even inpatient residential treatment programs can reassure a judge.  These actions demonstrate that the driver is proactive and does not need significant punishment to make a point of “not doing it (driving DUI) again”

Presenting the driver as a responsible and upstanding member of society can positively influence the court’s decision. Letters of support from employers, family members, or community leaders, as well as proof of contributions to the community, may help reduce the likelihood of jail time.

When in doubt, simply ask oneself this question:  If twin drivers had the same facts as you, and one twin provided mitigation evidence while the other twin did nothing, who would likely get the bigger “break” from the judge?

Consider Alternative Sentencing
A skilled attorney can advocate for and obtain alternatives to incarceration. These non jail options may include:

Sheriff work program:  These are county specific programs administered by the sheriff to perform “work” (eight hour day) supervised by the sheriff in lieu of jail.   Recipients of this alternative to jail receive “half time” credits to reduce by one half the number of days of work.  Example: a person is sentenced to perform eight days of the sheriff work program should receive “half time” credits, meaning the person should only have to perform approximately four days instead of all eight days of work.

Other Non Jail Options May Include:

• Community Service: Completing community service hours can be an alternative to incarceration.
• House Arrest or Electronic Monitoring: Some defendants may serve their sentence at home under electronic monitoring rather than in jail.
• Work Release Programs: This option allows a person to work during the day and return to a detention facility at night.

Take Action Quickly! 

 

Contact The Law Office of Mark Blair | Bay Area DUI Law | Avoid DUI Jail Time

The decisions you make following a DUI arrest are critical to avoiding jail time. Hiring an experienced attorney, complying with court requirements, and taking proactive measures can significantly improve your chances of staying out of jail and moving forward with your life.  Contact Mark Blair today!

DISCLAIMER: The results of any person’s DUI case described on this web site and/or in the Bay Area DUI Law newsletter depend on factual and legal circumstances that are unique to a specific person. Information provided by this web site and/or the Bay Area DUI Law newsletter does NOT constitute a guarantee, warranty or prediction regarding the outcome of your legal matter. Any reference to laws, procedures, punishment or license consequences at court or the DMV in this web site and/or Bay Area DUI Law newsletter is NOT intended to be complete description of what can and will happen in any or every DUI case but instead is a simplified summary to facilitate the reader’s understanding of general issues involving DUI law. The law is in constant change; penalties and consequences change; as such, the reader should not and cannot rely upon anything mentioned in this web site and/or Bay Area DUI Law newsletter. The reader is strongly advised to seek competent legal counsel to ascertain the law, penalties and consequences that apply to his/her unique circumstances.