Yes, you can avoid jail time for a 2nd DUI in California by pursuing alternative sentencing options like probation, house arrest, or DUI education programs. Working with an experienced DUI attorney can help you negotiate reduced penalties or present legal defenses to avoid incarceration.
At Los Angeles DUI Lawyer, we can connect you with an attorney who knows how these cases are handled and can build a strong defense on your behalf to help you beat a conviction and avoid jail time. Reach out to us today to set up a free case review with a Los Angeles DUI lawyer.
Can You Avoid Jail Time After a Second DUI?
California takes DUI charges very seriously. A conviction could lead to jail time, even for a first offense. In fact, you may end up facing a maximum of six months in jail for a first-offense DUI conviction. With the penalties increasing for additional convictions, a second conviction can lead to a minimum of 96 hours to a maximum of one year in jail.
Note that this only holds true in some counties. For example, some counties have a higher minimum amount of jail time for a second DUI offense. Additionally, not all DUI charges lead to the same amount of jail time because of aggravating factors.
For example, you may face a longer sentence if you get accused of hurting or killing someone in a DUI accident. In this situation, you may even face felony charges here in Los Angeles. In any case, avoiding jail time for a second DUI is going to be an uphill battle.
How to Avoid Jail Time for a 2nd DUI in California
Under California Penal Code (CPC) §2900.5, there are alternatives to jail time for most felony or misdemeanor offenses, whether by plea or verdict. For DUIs, this means that you could be sentenced to house arrest, rehab, or probation instead of jail time.
House Arrest
When you get placed under house arrest instead of being sentenced to serve time behind bars, you will have to remain confined to your home for a fixed period. If you leave your home in any way without prior explicit permission or justified reason, you could face jail time and additional penalties. Remember, house arrest is a privilege, and a slight misstep can cost you.
While under house arrest, you also need to wear an ankle monitor. This monitor ensures that you stay within the confines of your home. If you leave your home in any way, local law enforcement will be notified.
Rehabilitation
Checking into rehab can be an alternative to jail. Rehab facilities provide you with counseling and care and will help you overcome addiction. If you can prove to the judge that you have issues with alcoholism and have the willingness to change, you can get put in rehab instead of a jail cell.
Probation
One potential option for avoiding jail time for a second offense DUI is to instead be put on summary probation for up to five years. If you violate your probation in any manner during this period, you will likely lose your freedom and be forced to serve the jail sentence you initially avoided.
The Law Is Not on Your Side
Remember, at the end of the day, the law isn’t going to be on your side after a DUI arrest. You have to understand that the chances of avoiding jail time are very slim unless you have an experienced Los Angeles DUI attorney by your side.
While having an attorney is no guarantee that you can avoid jail, it can significantly increase your chances of mounting a successful defense against your charges.
The law heavily punishes those charged with DUI. However, at Los Angeles DUI Lawyer, we don’t believe this mistake should cost you your entire future. Not only are there legal penalties with second-offense DUIs, but you can also face other penalties that negatively impact your life, sometimes permanently. These penalties can include:
- Points on your license as part of the Negligent Operator Treatment System (NOTS)
- Rejection to college or university
- Rejection to serve in the armed forces
- Difficulty obtaining a loan or other financial services
- Long-term or permanent suspension of your license
Don’t let a DUI arrest result in lasting consequences. We can refer you to an experienced attorney who can help you avoid a conviction or plead down to a lesser charge.
Other Penalties for a Second DUI in Los Angeles
In addition to jail time and the other penalties and negative impacts listed above, there are several other penalties associated with this charge, including:
- Fines
- Installation of an ignition interlock device (IID)
- Enrollment in a 2nd Offender DUI School (SB38)
Fines
The fines for a second offense DUI conviction can range from $390 to nearly $2,000 depending on a variety of factors.
Installation of an IID
The state of California recently adopted an IID program. This program requires many drivers convicted of a DUI to install an IID on their vehicle. IIDs are like personal breathalyzers. They assess your blood alcohol content (BAC) each time you want to start your vehicle. Installation of an IID can be an alternative to losing your license after a DUI arrest.
2nd Offender DUI School
Following a conviction for a second DUI, you will likely need to enroll in an SB38: 2nd Offender DUI School for 18-30 months.
Handle DUI Charges to Avoid Jail Time in Los Angeles
As you can see, avoiding jail time for a second DUI in Los Angeles is challenging. However, DUI charges do not automatically result in a conviction in California. The best way to avoid jail time is to beat the charges against you, and the best way to do this is to work with a DUI lawyer in Los Angeles.
A lawyer will help you focus on avoiding a conviction by:
- Investigating your charges
- Working to dispute the evidence against you
- Weakening the prosecution’s case
In some cases, a lawyer could block enough evidence to get your charges dismissed. This would allow you to avoid a jail sentence. A lawyer can also help you secure a plea bargain after a DUI arrest. These bargains are deals offered by the prosecution.
Some plea bargains allow you to reduce the penalties you’d face for a conviction. You may end up serving community service instead of spending time in jail, for example. However, a plea bargain still shows up on your record as a conviction.
Consider Defenses to DUI Charges in Los Angeles
A Los Angeles criminal defense attorney can also help you handle DUI charges in court. Defending you could allow you to secure a verdict in your favor. A lawyer can argue that:
- You were not driving under the influence.
- You got stopped without due cause.
- Your blood alcohol content (BAC) test was mis-administered.
An attorney can help you handle questioning by prosecutors and police officers’ questions. Your lawyer can also help with your bail hearing, if applicable.
Ask a Lawyer About Avoiding Jail Time After a Second DUI
Dealing with a second offense DUI charge can be scary when there’s a lot on the line. Fortunately, you don’t have to go through this ordeal alone. At Los Angeles DUI Lawyer, we can connect you with an attorney who can help you avoid a conviction and the associated jail time after a second DUI.
Please contact us today to schedule an appointment with an experienced DUI attorney for a free consultation at no risk or obligation to you.
