You may only need to stay in jail for a few hours after a DUI arrest in Los Angeles. However, the police may keep you in jail for longer if you have multiple past DUIs on your record, cannot make bail, or for other legal reasons.
A Los Angeles DUI lawyer can provide the information you need to understand the jail time associated with driving under the influence (DUI). You can also rely on an attorney to help you avoid a conviction that could result in imprisonment.
How Long Do You Have to Stay in Jail After a DUI Arrest in LA?
How long you have to stay in jail after a DUI arrest in Los Angeles depends on several different factors. If police can process your charges quickly, they could release you the same day they arrest you.
The Time of Your Arrest Impacts How Long You Spend in Jail
Your chances of being released the same day are better during the daytime because more personnel are on duty at the station. That said, police are not usually in a hurry to process your charges and get you out of jail. Even when they have everything they need from you, your release can take up to four hours.
In many cases, they’ll hold you overnight and release you the next day, especially if they arrest you during the evening or at night. Unfortunately, this is when most DUI arrests occur. The police are under no obligation to release you until morning.
So, how long will you have to stay in jail after a Los Angeles DUI arrest? You can be out within 24 hours of your arrest.
Bail Impacts How Long You Have to Stay in Los Angeles Jail After a DUI Arrest
How long you have to stay in jail after a DUI arrest in Los Angeles also depends on whether you need to pay bail to be released.
Sometimes, the jail staff will determine that you must pay bail before release, often based on your criminal record. According to the bail schedule for misdemeanors, bail for CA Vehicle Code 23152 (a) – Driving Under the Influence of Alcohol charge starts at $5,000 but can be much more.
What Else Could Keep Me in Jail?
Several factors could extend the time you have to spend in jail. These include:
Your Sobriety
As you might expect, the police will not let you out of jail until you’re sober. If you were intoxicated at the time of your arrest, you will have to wait until your system is clear of alcohol.
Warrants for Your Arrest
Whether criminal warrants impact how long you have to stay in jail after a Los Angeles DUI arrest depends entirely on the type of warrant. If the police accuse you of other crimes, law enforcement officers could hold you longer.
How Long Do Police Have to Charge You With DUI in California?
Legally, prosecutors have up to a year to charge you with a misdemeanor DUI in California. Law enforcement can wait up to three years to charge you with a felony DUI. However, they cannot keep you in jail indefinitely while waiting to charge you.
California law dictates that the police can only hold you for 48 hours without charging you or letting you go. So, how long do you have to stay in jail after a DUI arrest in Los Angeles? Generally, law enforcement cannot hold you for more than two days if they don’t immediately charge you.
What Happens Before Jail for a DUI?
Understanding what happens before the police take you to jail for impaired driving is just as important as knowing how long you might have to stay in jail for a Los Angeles DUI arrest.
In almost all DUI cases, the police will take you to a police station or Sheriff’s station for processing after an arrest. However, they will take you to a hospital instead if you sustain injuries in a DUI crash. You will still have to face the legal process associated with DUI, but you will receive medical treatment first.
Once at the station, the police will carry out several steps:
- Order you to take a blood or breathalyzer test
- Advise you on your rights
- Question you about the incident
- Take away your driver’s license, give you a temporary license, and advise you that the DMV will suspend your license under the administrative per se program unless you contest it within 10 days
It’s important to note that there are consequences for refusing to take a blood alcohol test. You may cooperate with the police to avoid additional penalties. A skilled attorney can help you fight your DUI charges after an arrest.
Jail Is Not the Same As Prison
When police put you in jail after a DUI, it’s different from serving prison time as one of the consequences for a DUI conviction.
The officer may put you in a jail cell after your arrest. Be aware that a local jail is not a prison. It is a small facility that holds people only temporarily. Local jails are “nicer” than state prisons because:
- Most of the individuals held there are in for minor charges and are not hardened criminals
- Local jails have a reputation for being safer
- You are close to your family and community, not hours away
That said, there’s nothing nice about spending time in jail. You have no privacy and few luxuries, making the experience uncomfortable and intimidating. The less time you spend there, the better.
How a Los Angeles DUI Lawyer Can Help You
There are several steps an attorney can take to help you during the DUI legal process. Here’s what an experienced lawyer can do to help you avoid consequences like fines, license suspension, and imprisonment:
- Conduct an investigation
- Gather evidence, such as police reports, blood alcohol content (BAC) test results, dashboard camera footage, and witness testimony
- Use evidence to build a DUI defense strategy
- Negotiate a DUI plea bargain with prosecutors
- Fight to get your charges reduced or dropped
- Protest your rights at every step of the legal process
- Represent you during hearings and court dates
- Determine how long you have to stay in jail after a Los Angeles DUI arrest
- Increase your chances of avoiding prison time and other consequences
Get Help After a Los Angeles DUI Arrest
How long do you have to stay in jail after a DUI arrest in Los Angeles? Depending on your situation, you may only spend a few hours in jail after your arrest.
The first thing you should do when released from jail is talk to a DUI lawyer. Time is important in situations like this, as you’ll have only 10 days to fight for your driver’s license and as little as a week to plan for your first court hearing.
Fortunately, a Los Angeles DUI attorney can provide the information and resources you need to protect your driving privileges and fight your charges. Contact us today to schedule a free consultation and learn more about how long you have to stay in jail for a DUI arrest in Los Angeles.
