Drivers convicted of driving under the influence (DUI) in California face severe penalties. Many wonder: is jail time mandatory for a DUI in California?
The court system uses jail time as a penalty for many drivers with a DUI conviction. However, the state does not consider this penalty mandatory in all cases. A skilled Los Angeles DUI lawyer could help you avoid incarceration, even after a conviction, by helping you get probation instead.
You can learn more about DUI penalties and how to avoid them by calling or completing our online contact form.
Jail Time May Appear Mandatory After a DUI
The California Vehicle Code specifies state-approved limits for drivers’ acceptable alcohol consumption. The Code also details potential punishments for drivers who break the law, including jail or prison time.
Vehicle Code Section 23536 mandates 96 hours of jail time (in a county facility) for drivers convicted of their first DUI offense. The law tells us that drivers should spend a minimum of 48 continuous hours in jail. The judge can adjust this schedule for a driver’s working hours.
Why Isn’t Jail Time Mandatory Under VC 23536?
These laws may suggest that you have to spend time in jail following a DUI. However, Vehicle Code Section 23538 gives judges a chance to adjust the minimum time in jail for drivers on probation. According to the law, you may only have to spend 48 hours in jail if you receive probation.
Additionally, some drivers avoid incarceration completely for their first DUI. Your judge may waive a jail sentence if you successfully complete a set period of probation. While on probation, you may have to perform community service and attend DUI education classes.
Some Drivers Can Serve a Sentence Outside of Jail
Most judges in California require drivers convicted after a DUI to serve their time in jail or prison. However, the judge may decide to allow you to serve your sentence in a facility for alcohol treatment or even while under house arrest in some cases.
A lawyer can discuss your options in these situations.
Can You Avoid Jail if You Have Past DUIs?
Generally, you cannot avoid jail if the court convicts you for a second or subsequent DUI, particularly if you face felony charges.
Most of the time, California treats DUIs as misdemeanor offenses. However, drivers with more than three DUIs within 10 years can face felonies. Additionally, the prosecution may use felony charges for drivers who cause injuries or deaths in DUI accidents.
An attorney can provide more information about a first-time DUI or subsequent charges and tell you if jail time is mandatory for a DUI in California.
What Else Can Increase Your Time in Jail?
The repercussions for DUIs shift due to some factors. DUI sentence enhancements could apply if:
- You have past DUI conviction
- The arrest involved speeding or reckless endangerment
- You had a passenger younger than 15 in the car at the time of your arrest
- You had a BAC of over 0.14%
- You ended up in an accident that injured someone
- You refused a chemical test after an arrest
The court can add more than one sentence enhancement to your DUI charge. Depending on the enhancement, you could face years of additional time in a California jail. We can explain how DUI enhancements work.
You can face several sentence enhancements for your DUI charge. Depending on your situation, you could face years of additional time added to your sentence.
What Other Penalties Do You Face for a DUI?
Driving under the influence of drugs or alcohol in California can result in numerous penalties. Depending on your situation, you could face:
- A license suspension
- Fines
- A requirement to attend an alcohol treatment program or DUI school
Individuals facing drunk driving charges may have to install an ignition interlock device (IID) on their vehicles before driving. What does an ignition interlock device do? This device measures a driver’s blood alcohol level before allowing them to drive.
Generally, you face harsher penalties based on the number of prior DUI convictions on your record. DUIs resulting in an accident, injury, or death also result in harsher potential penalties. You can discuss the specifics of your situation with a criminal defense attorney.
You Can Avoid Jail by Beating a DUI Charge
Prosecutors often try to use drivers charged with DUI as examples to other motorists. They may, therefore, try not to grant probation or alternatives to a minimum jail sentence. Fortunately, a lawyer can help you review methods to avoid mandatory jail time.
A criminal defense lawyer may help you handle a drunk driving offense by:
Getting Your Charges Dismissed
A criminal defense lawyer may push the court to dismiss your charges if the prosecution lacks evidence that you drove under the influence of alcohol. This strategy may work better for first-offense DUIs. You should not have to spend days in jail if the court dismisses your charges.
Reducing Your Charges
Your lawyer may negotiate a plea bargain with the prosecution to secure a lesser charge after a DUI arrest. Taking a less severe charge may remove the possibility of jail time after an arrest for a drunk driving offense.
Representing You in Court
Finally, a lawyer may stand up for you in court when you face criminal charges. Your lawyer can present evidence on your behalf and build a strong defense, helping you avoid days of jail time.
Learn More About Jail Time for DUI Offenses
Is jail time mandatory for a DUI in California? While many individuals charged with drunk driving face time in jail after a conviction, some first-time DUI offenders may avoid incarceration through alternative sentencing options.
A lawyer can discuss DUI penalties and options to resolve the charges you face. Call or complete our online contact form to learn more.
