Depending on the facts of your case, you may be sentenced to jail time for a California DUI conviction.
When someone is arrested for a DUI, they may be confused and overwhelmed. They are also likely scared of what will happen to them. Will they go to jail? Lose their job? Not be able to drive? A DUI lawyer in Rancho Cucamonga, CA can answer many of these questions based on the specific facts of your case.
Undoubtedly, the consequences for a DUI conviction in California are steep. The state takes driving under the influence of alcohol very seriously, and the penalties are meant to discourage people from drinking and driving. Most of these consequences are unavoidable, like going to DUI school or having your driver’s license suspended. If you are convicted of a DUI or plead guilty to a DUI, there are certain things that will definitely happen. But when it comes to going to jail, there are ways to avoid this punishment.
For most first-time DUI offenses, jail time is unlikely. However, a judge is permitted under the law to sentence a person convicted of a DUI for the first time of up to six months in county jail. If no aggravating factors exist — such as having a particularly high blood alcohol content, speeding, or having a child in the car — it is unlikely that you will be sentenced to jail time. However, it is still possible that you will spend at least some time in jail for even a first-time DUI offense. This may include the time that you are in custody after your arrest until your release, or a sentence from the judge of anywhere from one day to up to six months in county jail. A judge is not required to sentence you to jail time for a first-time offense, but he or she can still order a term of imprisonment if the facts of the case warrant it.
However, if you are a repeat DUI offender, you will spend at least 96 hours in jail. That is the minimum county jail sentence for a second time offense. California considers all DUIs and alcohol-related driving convictions (such as wet reckless) for a period of ten years prior to the current arrest. If you have any prior convictions during this “lookback period,” then you will be a repeat offender and will be sentenced to jail time.
For a second offense, the minimum jail sentence is 96 hours (which can often be split into two separate 48 hour terms, so that a person can serve their sentence on the weekend). The maximum jail time is one year. For a third offense, the minimum jail term is 120 days and the maximum is one year. For a fourth offense, you will be facing at least 16 months in either state prison or county jail. These offenses can be charged as either a felony or a misdemeanor, and the sentence may vary based on factors like your criminal history and the circumstances of your case.
These potential sentences are all for regular DUI cases — not those with aggravating factors. A prosecutor or judge may decide to seek additional jail time or other penalties if your DUI meets the qualifications for enhanced sentencing. There are also some California counties that are known to be particularly harsh on DUI offenders, and may routinely sentence even first-time offenders to jail, while other jurisdictions just order probation.
Having an experienced DUI lawyer in Rancho Cucamonga, CA is critical to defending yourself against DUI charges, and the best way to avoid jail time. While no attorney can guarantee that you will not serve time in jail for a California DUI conviction, a good lawyer can present factual and legal defenses to lessen the likelihood that you will be sentenced to a term in jail. The Chambers Law Firm will fight for your rights and your freedom if you have been accused of a DUI. Contact our office at 714-760-4088 or dchambers@clfca.com to schedule a free consultation today!
