Incarceration is perhaps the most frightening of all of California’s penalties for driving under the influence (DUI). How much jail time do you face for a California DUI? Could you be sent to prison instead of jail for drunk driving?
The time you spend in jail for a DUI will vary based on the specific charges you face and the number of past DUI convictions on your record. You may only have to spend a few days after a conviction for a first-time DUI. However, some drivers face years of time in prison.
You may face prison time for severe DUI charges. For example, an accident involving a death could lead to prison time. You can find out more with a Los Angeles DUI lawyer. Call or fill out our online contact form for additional information.
How Much Jail Time Will You Face for a DUI Conviction?
The basic jail sentence attached to your DUI depends on whether you have any prior DUI convictions. For these purposes, a “prior” is any DUI conviction within the last 10 years and any related charge like wet reckless.
Here are the basic jail sentences for each DUI charge:
First DUI
How likely is jail time for a first-time DUI? You can expect to spend a minimum of two days jail time and a maximum of six months for a first DUI offense under CA Vehicle Code 23152 (a).
If you receive the minimum, you may be allowed to avoid jail if you accept an extra 90 days of restricted driving after a first-time DUI.
Second DUI
The minimum jail sentence for a second DUI is 10 days. However, you may have to spend a year in county jail in some situations. A defense lawyer can work to minimize the time you spend behind bars after an arrest.
Third DUI
The minimum jail sentence for a third DUI conviction is 120 days (or four months). For most of these charges, you could spend one year in jail at a maximum.
Fourth DUI
Individuals convicted of a fourth DUI may have to spend a minimum of six months in jail. Drivers may face a maximum of one year of jail time after a fourth conviction.
Felony DUI Charges
The court system sometimes prosecutes DUIs as felonies, especially if a driver over the legal limit injured or killed someone. Drivers with numerous priorable offenses may also face felony charges. A felony conviction may result in up to five years in prison.
DUI Sentence Enhancements Can Increase Jail Time
A sentence enhancement occurs when “aggravating circumstances” surround your DUI. The enhancement carries additional penalties on top of the usual DUI penalties. You may face sentencing enhancements if:
- Your blood alcohol level was very high, measured at 0.15% or greater
- You refused to take a blood, breath, or urine test
- You caused an accident or injured someone
These enhancements can result in further mandatory jail time. If you face a potential sentence enhancement, a DUI defense attorney can try to get your charge reduced to a regular DUI or even something less serious.
Jail vs. Prison in a DUI Case
Many people use jail and prison to mean the same thing, but they aren’t. A jail is a local facility, often run by the County Sheriff or your police department. Prison is a state-run penitentiary like you see in prison movies.
Jail time is often considered less severe than prison time for several reasons:
- Jails house less violent offenders and are considered safer
- In jail, you are closer to your family and your community
- The conditions in a jail may be less harsh than those in a prison
Almost all DUI sentences are served in jail, not prison, but exceptions exist. Prison time is usually only used in DUI cases if you killed or seriously injured someone. However, drivers with a long history of repeat offenses may also face time in prison.
Who Decides How Much Jail Time You Get?
All the DUI sentences above have a minimum and a maximum, and sometimes, the difference between them is enormous. For example, serving two days in jail is unpleasant but might not interrupt your work schedule, while serving six months can cost you your job.
The judge decides how much jail time you get. The prosecutor can push for a tough sentence, but only the judge makes the final decision. A lenient judge can even offer an alternative to jail time, such as alcohol treatment or community service.
A lawyer can help you face these criminal charges directly.
Can You Face Additional Penalties for a DUI?
Drivers may face mandatory jail time and other penalties after a DUI conviction. In many situations, the court will:
- Issue a license suspension
- Charge fines
- Require drivers to attend a treatment program
Drivers may have to spend time on probation and install an ignition interlock device (IID) on their vehicles after a conviction for drunk driving.
Can a Lawyer Help You Avoid Jail Time?
Can you avoid jail for a DUI? A DUI may help you stay out of jail by working to:
Get Your Charges Dropped
An experienced DUI lawyer will gather evidence to weaken the prosecution’s case and then demand that the prosecutor drop the charges. Prosecutors don’t want to face a losing legal battle, so this often works.
They may be willing to drop a sentence enhancement, so you face substantially less jail time. Or they might reduce the charge from DUI to reckless driving, a much less serious offense. Sometimes, they will drop the charges altogether, and you can go.
Negotiate a Lesser Charge
If the prosecutor won’t drop the charges, they may agree to a plea bargain, requiring you to agree to plead guilty, and they agree to a specific lenient sentence. For example, you could get a guarantee of at least two days’ jail time or community service instead of jail.
A lawyer can review your situation and handle plea bargain negotiations.
Your DUI lawyer wants to get you the best possible outcome. No lawyer can promise to win your case, but DUI attorneys work to keep jail time to a minimum or help you avoid it altogether.
Learn More About Jail and Prison Time for a California DUI
How much jail time do you face for a California DUI, and can these charges send you to prison? You face the possibility of jail time after any DUI arrest. The time varies based on the charges and your criminal record for driving under the influence of alcohol.
You can learn more by calling or completing our online contact form.
