The potential for jail time depends on two key factors
One of the biggest worries that many people have after being arrested on suspicion of driving under the influence (DUI) is whether they will go to jail if they are convicted. Under California law, it is possible to be sentenced to time in jail even for a first-time, relatively minor DUI offense (in terms of no one being hurt and no aggravating factors). Of course, that doesn’t mean that it is likely that a first-time offender will be sent to jail. So how does a DUI defense attorney Riverside, CA determine whether a client is likely to be sentenced to a term in jail?
There are two main factors that influence whether a defendant in a California DUI case will be sentenced to jail time: the facts of the case and the defendant’s criminal history. Analyzing these issues will help your DUI defense attorney Riverside, CA advise you of whether you can expect to be punished with some time in jail.
First, the facts of the case will absolutely influence how you are sentenced if you are convicted of or plead guilty to a DUI. It matters whether your case is charged as a misdemeanor or a felony; the more serious the charge, the more likely it is that you will spend some time in jail. For example, consider a case where you drive home from a dinner party at a friend’s house after having a few glasses of wine. You are slightly over the legal limit, but you didn’t damage any property or hurt anyone. You weren’t speeding and there were no children in your case. Under these facts, the case will probably be charged as a misdemeanor, and you would be less likely to be sent to jail (depending on your criminal history). But if you change just a few facts, and you had a bottle and a half of wine, were driving at excessive rates of speed and crashed into a stopped car, causing the driver to suffer whiplash, that may be charged as a felony. Because there are aggravating factors present — such as excessive speed and harm to property and another person — you might be sentenced to jail, depending on your criminal history. In this situation, a DUI defense attorney Riverside, CA may be able to minimize the amount of time that you have to spend in jail through careful negotiation with the prosecutor.
Second, your criminal history will impact the potential for jail time. California uses a 10 year “look back” period for DUI convictions. Essentially, if you had a DUI or alcohol-related driving conviction (such as a “wet reckless”) within the past 10 years, it will count as a prior offense. Having prior offenses makes it more likely that you will be sentenced to at least some jail time.
At the Chambers Law Firm, we understand how stressful it is to be charged with a crime like DUI. We are here to help, with top notch legal representation and compassionate, client-centered service. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a DUI defense attorney Riverside, CA.
