When you face a DUI conviction in California, you are looking at spending thousands of dollars on fines and fees, time without a license, mandatory DUI classes, and the possibility of spending days in jail. The length of your imprisonment and the type of jail you go to will depend on the circumstances of your DUI case.
You may spend a few days in your local jail, or you may end up serving more than a year in a state prison. A jail sentence, no matter how short, is a deeply unpleasant experience. Even first-time offenders will want to take steps to mitigate their sentences. Fortunately, DUI lawyers in Los Angeles can help defendants reduce or even eliminate the possibility of jail time.
Understanding the Difference Between Jail and Prison
It’s easy to use the terms “jail” and “prison” interchangeably. In fact, they describe two different types of imprisonment.
Jail
A jail sentence in the wake of a drunk driving conviction sees you locked in your local detention center. Local detention centers often fall under the jurisdiction of county police officers or sheriff’s departments.
You don’t go straight to jail upon a conviction, though. Many people facing a criminal charge will spend the time prior to their arraignment in jail. Even someone with a clear criminal record may find themselves temporarily jailed under the suspicion of driving with an elevated blood alcohol level.
Jails are allegedly less restrictive than prisons. Should you find yourself facing jail time, you’re likely to find yourself in the company of other people who’ve engaged in less severe criminal activities like theft.
Prison
The term “prison” describes state penitentiaries. State penitentiaries can imprison people convicted of serious crimes, including manslaughter, murder, and grand theft auto. Penitentiaries are also home to people on their 3rd offense, 4th offense, or other crimes worsened by the influence of alcohol.
Parties convicted of compounded crimes, including those facilitated by drunk driving charges, may face life in prison.
Prisons tend to be significantly more restrictive than jails. These compounds tend to put you in closer contact with dangerous individuals while taking you further away from your family. If you’re at risk for considerable imprisonment, you’ll want to meet with a criminal defense lawyer to discuss what defenses you can use to mitigate your sentence.
The Facts of Your DUI Case Affect Where You Go
The circumstances that led to your arrest determine what kind of sentence and sentence enhancements you may find yourself facing upon a conviction. For example, if you’re facing a first-time DUI, you may face a minimum jail sentence.
However, an extensive criminal history can compound a basic jail sentence. These convictions tend to last between a few days to six months. Aggravating factors may encourage a criminal court to go beyond a mandatory sentence and instead subject you to jail time that lasts for several months or even years.
For example, if you have more than three DUI convictions in the past ten years, you’re likely to face a particularly severe criminal conviction. California’s three-strike law could see you serve up to 25 years to life in state prison for certain felony DUIs.
Other Penalties for a DUI Conviction
The penalties that come with a DUI conviction can extend beyond time in jail. You’re also at risk for:
- Several hundred to a thousand dollars in fines, with court assessment fees that can bring your total money out of pocket into the several thousand dollars range
- Losing your license for six or more months
- Three or more months of DUI education classes
- Paying out of pocket to install ignition interlock devices in every vehicle you drive
You can call on experienced criminal defense attorneys to challenge the charges brought against you to reduce your jail time or prison time. However, beating a DUI charge doesn’t leave you free and clear. You may still lose your license.
California’s DMV has an automatic administrative suspension that kicks in within 30 days of your DUI arrest. You only have ten days from the date of your arrest to request a hearing, but you can have a criminal defense lawyer represent you throughout this process.
Alternatives to Jail or Prison
Under certain circumstances, you may be able to petition the court to give you an alternative to the standard jail or prison sentence. California does allow judges to sentence individuals to serve their mandatory jail or prison time in rehab or under house arrest.
Getting one of these alternative sentences will be tricky, likely requiring you to show a great deal of remorse and have an attorney present a compelling reason for the leniency to the judge.
Let a Drunk Driving Offense Lawyer Reduce the Jail Time for Your DUI
Your best chance of avoiding jail time for your DUI is by contacting a lawyer with experience handling cases just like yours. While prosecutors often want you to face the longest possible imprisonment, it is not uncommon for skilled DUI attorneys to help their clients get reduced time behind bars.
In some cases, you may be eligible to have your jail time waived for alcohol treatment or community service. Let our team fight your DUI charge today.
When you’re ready to see what a DUI lawyer can do to help you, contact our team. DUI cases are complex, and building a strong defense requires time. Don’t hesitate to call today!
