DUI work releases in California allow convicted criminals to participate in community service projects instead of serving time in jail. Unlike many states, California also gives credit for activities such as educational classes and alcohol/drug abuse treatment.
The broad scope of California’s DUI work release program helps many DUI convicts get back on their feet more quickly. However, not every DUI conviction comes with the possibility of a work release. If you’re facing a DUI charge, you should understand how work release works and how you can enter a work release program. Los Angeles DUI lawyers can help.
Basics of California’s Work Release Program
Traditionally, work release programs involved difficult manual labor. Today, the labor associated with these programs usually prioritizes community projects. For example, many work release programs will involve cleaning up local parks or roadways.
California originally offered this physical labor as an alternative to jail, allowing convicted parties to leave their jail cells in exchange for eight to ten-hour days working outside. However, since 2012, an amendment to the California Penal Code has allowed other activities to count as “work” for a work release program.
What to Know About California’s Updates to the Work Release Program
The idea behind the amendment to California’s work release program is not to use work release or work furlough programs as a punishment. Instead, California institutions want convicted offenders to view the programs as a means to prepare themselves to re-enter society.
As a result, a wide range of positive activities now get work release credit. These can include the following:
- Parenting training and life skills classes
- Educational programs (such as GED courses)
- Vocational training
- Alcohol treatment programs
- Drug rehabilitation programs
- Participation in alternative correctional programs
Under current law, one full day of any of these activities is the same as one eight-hour work day or one day in jail. So, for example, five days of substance abuse counseling could take five days off your jail sentence. The specific activities available to you will depend on your local jurisdiction.
Preparing for Work Release
Unlike a work furlough program, a work release does not typically involve any kind of confinement. You will not have to spend nights in a jail or a dormitory. You’ll be free to live at home during the work release as long as you show up for every scheduled session and document your attendance.
This freedom allows many correctional facilities to reduce their jail populations. However, that doesn’t mean that work release programs come free of expectations. Release participants should know that:
- Many work release programs require participants to pay an administrative fee of $100 or more. Qualifying participants may request a reduced entry rate.
- Many work release programs offer both a full-time and part-time version. The part-time version is generally “weekends only” and is designed to fit around your existing full-time job and/or family relationships. If you’re able to choose, choose the one that’s best for you.
- Qualified inmates must plan for their own transportation. Being late or missing a session could mean going back to jail. If your driver’s license has been suspended for drunk driving, you may need to apply for a restricted license or find alternate transportation.
Work Release and Drug/Alcohol Treatment
Many DUI sentences include mandatory substance abuse treatment. If that’s the case, you may be able to work off jail time by attending your court-ordered treatment program.
Even if your DUI sentence does not include treatment, you may want to voluntarily enroll in treatment as a work release rather than go to jail. Be aware that there is a wide variety of treatment programs available, and you should choose the one that’s right for you.
How to Get Work Release Instead of Jail
Work release is a common and popular alternative for DUI offenders, including those contending with first-time DUI convictions. Most drivers convicted of DUI are not violent, making them good candidates for release in the community.
Because California courts are focused on DUI penalties that are a deterrent to repeat offenses, work release is an ideal solution. That doesn’t mean it’s always offered, however. Sometimes, a judge will explicitly tell you to seek treatment instead of jail. Sometimes, it’s only offered if you request it. Other times, a judge wants a convicted party to serve a hard sentence in county jail.
The best way to get an outcome that works for you is to have a reputable DUI defense lawyer at your side.
Let a Criminal Defense Attorney Break Down Alternative Sentencing Programs on Your Behalf
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