The amount of jail time you’ll face for a California DUI depends on the severity of your offense and how many DUIs you’ve gotten in the past. A skilled Los Angeles DUI lawyer can review the details of your case and determine which penalties you may face if convicted.
A lawyer can also build a strong defense case for you and work hard to get your charges reduced or dropped. Let’s take a closer look at how much jail time you can face for a California DUI and whether or not you could be sent to prison.
How Much Jail Time Will You Face for a DUI Conviction?
As mentioned above, the DWI jail time you receive depends on whether you have any prior DUI convictions. For these purposes, a “prior” is any DUI conviction within the last 10 years and any related charge like wet reckless. Here are the basic jail sentences for each DUI charge:
First DUI
If this is the first time you’ve been arrested for impaired driving, you’re probably wondering how likely is jail time for a first-time DUI. According to CA Vehicle Code 23152 (a), you can expect to spend a minimum of two days jail time and a maximum of six months.
If you receive the minimum, you may be allowed to avoid jail if you accept an extra 90 days of restricted driving. An attorney can represent you and push for the least DWI jail time possible. Reach out to a lawyer today to learn more about your legal defense options.
Second DUI
The minimum jail sentence for a second DUI is 10 days. However, you may have to spend a year in county jail in some situations. A defense lawyer can work to minimize the time you spend behind bars after an arrest.
Third DUI
If this is your third DUI, you’ll see a considerable increase in the amount of jail time you face and the likelihood that you’ll be sent to prison. The minimum jail sentence for a third DUI conviction is 120 days (or four months). For most of these charges, you could spend one year in jail at a maximum.
Facing a third DUI charge can be a stressful and nerve-wracking experience. Luckily, an attorney can provide a robust defense strategy and work hard to secure a plea bargain for reduced DWI jail time or attempt to get your charges dropped entirely.
Fourth DUI
Individuals convicted of a fourth DUI may have to spend a minimum of six months in jail. Drivers may face a maximum of one year of jail time after a fourth conviction. If this is your fourth DUI charge, you’ll want to hire an experienced attorney who you can trust.
A skilled lawyer will be able to investigate your arrest, gather evidence for your defense case, and protect you from the worst outcomes.
Felony DUI Charges
The court system sometimes prosecutes DUIs as felonies, especially if an impaired driver injured or killed someone. Drivers with numerous priorable offenses may also face felony charges. A felony conviction may result in up to five years in prison.
An attorney can offer a clearer explanation of how much jail time you could face for a felony DUI in California. They’ll work tirelessly to help you avoid being sent to prison, ensuring your rights are protected at every stage of the legal process.
DUI Sentence Enhancements Can Increase Jail Time
A sentence enhancement occurs when “aggravating circumstances” surround your DUI. The enhancement carries additional penalties on top of the usual DUI penalties. You may face sentencing enhancements if:
- Your blood alcohol level was very high, measured at 0.15% or greater
- You refused to take a blood, breath, or urine test
- You caused an accident or injured someone
These enhancements can increase the amount of DWI jail time you face for an impaired driving offense in California. If you face a potential sentence enhancement, a DUI defense attorney can try to get your charge reduced to a regular DUI or even something less serious.
Jail vs. Prison in a DUI Case
Many people use the words jail and prison interchangeably, but they refer to two different things. A jail is a local facility, often run by the County Sheriff or your police department. Prison is a state-run penitentiary where inmates typically serve longer sentences for more serious crimes.
Jail time is often considered less severe than prison time for several reasons:
- Jails houses less violent offenders and are considered safer
- In jail, you are closer to your family and your community
- The conditions in a jail may be less harsh than those in a prison
Almost all DUI sentences are served in jail, not prison, but exceptions exist. Prison time is usually only used in DUI cases if you killed or seriously injured someone. However, drivers with a long history of repeat offenses may also face time in prison.
A lawyer can explain the difference between DWI jail time and prison time further and fight to help you avoid imprisonment. Contact a DUI defense attorney today to learn more about your case and get started on the defense process.
Who Decides How Much Jail Time You Get?
All DWI jail time sentences have a minimum and a maximum amount, and sometimes, the difference between them is enormous. For example, serving two days in jail is unpleasant but might not interrupt your work schedule, while serving six months can cost you your job.
The judge decides how much jail time you get. The prosecutor can push for a tough sentence, but only the judge makes the final decision. A lenient judge can even offer an alternative to jail time, such as alcohol treatment or community service.
An attorney can make a strong argument as to why you should receive an alternative sentence. With a dedicated lawyer by your side, you’ll have an excellent chance at avoiding a sentence that damages your career and reputation.
Can You Face Additional Penalties for a DUI?
In addition to worrying about how much jail time you’ll face for a California DUI and whether or not you’ll go to prison, you should also consider the possibility of additional penalties. In many situations, the court will include the following penalties:
- License suspension
- Fines
- Mandatory treatment program
- Probation
- Mandatory installation of an ignition interlock device (IID)
While these additional penalties might not seem as serious as a lengthy DWI jail time or prison sentence, they can have a serious impact on your freedom and financial standing. You’ll want to join forces with an experienced attorney to protect yourself from these unwanted outcomes.
Can a Lawyer Help You Avoid Jail Time?
There are several ways that an attorney can help you avoid DWI jail time and even a lengthy prison sentence. Here’s what an experienced lawyer can do to protect your freedom after a DUI arrest in California:
Get Your Charges Dropped
An experienced DUI lawyer will gather evidence to weaken the prosecution’s case and then demand that the prosecutor drop the charges. Prosecutors don’t want to face a long legal battle, so this often works.
In some cases, prosecutors may be willing to drop a sentence enhancement, so you face substantially less jail time. In other situations, they might reduce the charge from DUI to reckless driving, a much less serious offense. Sometimes, they will drop the charges altogether.
Negotiate a Lesser Charge
If the prosecutor won’t drop the charges, they may agree to a plea bargain, requiring you to agree to plead guilty to a lesser offense. For example, you could get a guarantee of at least two days’ jail time or community service instead of jail by agreeing to a plea bargain.
A lawyer can review your situation and handle plea bargain negotiations. Your DUI lawyer wants to get you the best possible outcome. No lawyer can promise to win your case, but they can work tirelessly to keep DWI jail time to a minimum or help you avoid it altogether.
Learn More About Jail and Prison Time for a California DUI
If you’re wondering how much jail time you can face for a California DUI and whether these charges send you to prison, you should speak to a Los Angeles DUI Attorney. A lawyer can provide a free consultation, explain the penalties you’re facing, and advise you on how to protect yourself from a severe conviction.
Contact us today to get the resources you need to understand the DUI defense process and avoid extensive DWI jail time. We’ll provide the information you need to handle the legal process and get the best results possible for your unique situation.
