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No, You Do Not Automatically Have to Go to Jail if You Are Convicted of a DUI in California

by | May 19, 2023

No, You Do Not Automatically Have to Go to Jail if You Are Convicted of a DUI in California

Driving under the influence of alcohol or drugs (DUI) in California could lead to a jail sentence, even for a first-time offense. Yet, it’s possible to avoid spending time in jail with the guidance of a proficient DUI defense attorney. Read on to learn more and then contact Simmons Wagner, LLP at (949) 439-5857 for a free legal consultation.

Your Legal Options

Following a DUI arrest, your legal options include pleading no contest or guilty or choosing to go to trial. If you plead guilty or a jury convicts you, the judge will determine your sentence based on the severity of the crime and your past record with alcohol-related driving charges. Even a first-time misdemeanor DUI might result in:

  • Up to 6 months in jail
  • 3 to 5 years of informal DUI probation
  • DUI school attendance for 3 to 9 months
  • A driver’s license suspension of 6 months
  • Installation of an ignition interlock device (IID) for 6 months
  • Fines and penalties ranging from $1,500 to $2,000

These penalties are severe, especially the jail term. However, with the support of an experienced DUI defense attorney you might be able to avoid incarceration.

Alternatives to Jail

Several alternatives to jail time exist for a DUI conviction in California. Depending on your case’s specifics, you might be eligible for drug or alcohol rehabilitation (inpatient or outpatient), attendance at a Mothers Against Drunk Driving (MADD) Victim Impact Panel, community service, electronic monitoring (SCRAM) device, sober living, and/or DUI school.

In many instances, these alternatives become part of DUI probation. For instance, you may be required to attend DUI school (alcohol education classes) and perform community service as part of your probation. Attendance at Alcoholics Anonymous (AA) meetings might also be a condition.

Community service is often mandated as part of DUI probation. The judge must approve the specific community service program, typically assigning a program like roadside work with Cal-Trans. The extent of community service required depends on your case’s specifics.

The court may also order you to wear a Secure Continuous Remote Alcohol Monitor (SCRAM) device or an ankle monitor. These devices notify law enforcement if you consume alcohol and operate by detecting alcohol in your sweat. Usually, SCRAM devices are ordered for repeat DUI offenders.

Repeat DUI offenders may also be required to live in sober living arrangements, which are residential communities requiring complete abstinence from drugs and/or alcohol.

The Importance of Following the Terms of Your Probation

It’s crucial to understand that violating any probation terms could lead the judge to send you back to jail. For instance, missing alcohol education classes, not attending a Victim Impact Panel, or consuming alcohol while wearing a SCRAM device could all lead to jail time. This underscores the importance of fully understanding your probation terms, something your DUI defense attorney can help you achieve, to keep you out of jail.

Contact Us Now for a Consultation

Simmons Wagner, LLP is proficient in negotiating DUI plea agreements that help clients avoid jail time. If your case goes to trial, we will aggressively defend you and argue compellingly for jail alternatives if you’re convicted. To learn more about how we can assist you, get in touch with us today at (949) 439-5857.