Avoiding Jail for DUI in San Diego
If you have been found guilty of DUI, you may be eligible for alternative sentencing. California misdemeanor DUI convictions typically carry a sentence of up to one year in jail, and a felony DUI conviction in California will usually be punishable by more a sentence of more than one year in a state prison.
Some alternative sentencing options for DUI can include:
| Alternatives to Jail Sentences for DUI | |
| Community Service | Community Service sentence provides a number of different options, such as Cal Trans Freeway Cleanup, Graffiti Cleanup, and Volunteer Positions: DUI offenders are allowed to commute their incarceration hours to public service. |
| Weekend Detention | If you are a resident of another city who has been arrested for DUI in San Diego County, and there is a city or private jail in the community where you live, such as in Los Angeles, you may be able to commute your sentence to your city of residence and complete weekend detention. Checking in to complete your sentence on weekends will allow you to attend work Monday thru Friday. Custody and good - work time credits are hour-for-hour exchanges of alternative sentencing against the hours that would have otherwise been sentenced to jail. |
| Alcohol & Drug Rehab | Time spent in an alcohol and/or drug rehabilitation center is explicitly authorized by the California Penal Code as an alternative to incarceration for DUI, according to California Penal Code Section 2900.5 and can be credited upon a term of imprisonment in all misdemeanor and felony DUI convictions and can apply to both pre-sentence and post-sentence credits. Penal Code Section 2900.5f allows time spent in alcohol rehabilitation programs to satisfy mandatory minimum jail terms for DUI. It is essential that the facility be "custodial", inclusive of halfway houses, rehabilitation facilities, and sober living environments, and that the custody be attributable to the proceedings relating to the same conduct for which the defendant has been accused or convicted. |
| Counseling & Self Help Programs | In some cases, a San Diego DUI offender may attend AA Meetings & Self Help Recovery Groups as a condition of probation |
| Probation | In California misdemeanor DUI cases, supervised probation requires the defendant to report to a probation officer, obey all terms outlined for the probationary period, and not incur any additional violations. While on probation, any new misdemeanor or felony charge in any county or state will be considered a violation of current probation and could result in a jail sentence, in addition to additional penalties incurred on the charges entered against you on a new violation. Depending on the charges, the probation requirements may call for periodic drug testing and/or drug rehabilitation classes. Probationary sentences for DUI typically last for 12 to 60 months. |
| Suspended Sentences | In some cases, a sentence for DUI may be "suspended", meaning that a jail or prison sentence is placed "on hold" as a condition of compliance with certain obligations, such as satisfactory completion of probation or drug treatment. If the defendant incurs a new violation under a suspended sentence, the judge has the authority to order the defendant to serve the previously suspended sentence without a jury trial, provided that the prosecution or probation department is able to show that the defendant violated the conditions of their suspended sentence criteria. |
| Sober living programs | For DUI defendants who have prior drunk driving convictions, or who have a drug or alcohol problem that has not been previously addressed, a sober living environment may be a viable sentencing alternative. Sober Living environments are houses in which all residents are committed to maintaining sobriety. Sober Living residents are typically required to attend 12-Step meetings, participate in house groups, and contribute to household chores. |
| Work furlough or Halfway House |
Also commonly referred to as a "Halfway House, a Work Furlough Program allows a DUI defendant to to maintain employment while spending each evening in a supervised dormitory-style facility. Residents are released to go to work during the day. |
G. Cole Casey is THE top DUI Defense Lawyer in San Diego County. His practice is dedicated exclusively to the defense of persons charged with DUI, DWI and Drunk Driving in Southern California.
Call us twenty-four hours a day at 619.237.0384 or send us an email now to discuss an aggressive and legitimate defense strategy for your DUI case.