Jail time is a possibility for a California DUI conviction.
If you have been arrested on suspicion of driving under the influence of drugs or alcohol, chances are good that you are in a state of panic or stress. What is going to happen? Will you lose your license? Will you have to pay steep fines? And perhaps most importantly: will you go to jail?
In California, a DUI is a criminal offense. This means that jail time is on the table. However, in most cases, jail time is not a likely outcome — but it is definitely still a possibility, depending on the facts of your case and your criminal record. For example, if you have prior DUIs, if you hurt someone, if you had a child in the car or were going well above the speed limit, this could all lead towards spending at least some time in jail. A particular judge may be more inclined to sentence DUI offenders to jail, and some prosecutors may be more aggressive in seeking jail time. A DUI lawyer in Pomona, CA cannot tell you with absolute certainty whether or not you will go to jail if you are convicted of a DUI — but we can give you some information that may help you understand the likely outcomes.
California has laws that set forth the maximum jail times for DUI offenses. Importantly, these are not minimum jail sentences — this is the absolute most time that you could spend in jail for a particular charge. In many cases, your DUI lawyer in Pomona, CA will be able to negotiate a favorable plea bargain that will result in no jail time. A judge may also decide to not sentence you to any jail time, depending on the facts of your case. However, learning the maximum jail time can give you peace of mind in knowing that in the worst case scenario, you will only be required to spend a certain amount of time incarcerated.
If it is your first DUI conviction and there are no aggravating factors present, then the maximum sentence is 6 months in county jail. For a second offense, the maximum sentence is one year in county jail. For a third offense, the maximum sentence is four years to one year in jail. For a fourth or greater DUI offense can result in five years of imprisonment in state prison (as opposed to county jail). Importantly, prior DUI offenses are counted for a period of ten years back from the current offense; if you have a DUI conviction that is outside of that ten year time frame, then it will not be counted as a prior offense for purposes of sentencing.
Of course, you may spend some time in jail when you are first arrested on suspicion of driving under the influence of alcohol or drugs; this is typically just overnight or as long as a day or two. With a skilled DUI lawyer in Pomona, CA to represent you, this may ultimately be the only time that you spend in jail. A DUI attorney can investigate the facts of your case to put together defenses to the charges against you, and can attempt to negotiate a reduction or dismissal of the charges, or a plea deal that makes sure that you do not spend any time in jail, if possible.
If you have been charged with a DUI, contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com. We offer free initial consultations, and we will work hard to make sure that you get the best possible outcome for your case.
