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Nicholas W.

William R.

Criminal Defense Experience - 40+ Years

Vista Dui Cases with priors may have an alternative to Jail

     Vista DUI cases where the person has a prior DUI or “wet reckless” arrest and conviction in the last 10 years faces mandatory custody.  The amount of time an individual faces depends on the facts of their case, and any aggravting or mitigating factors.  There can be alternatives to actual jail time.  As long as the prior conviction and the new case are misdemeanors, the mandatory jail time ranges from a minimum of 96 hours to 1 year on a second offense, and 120 days to a year on a third offense.  A  fourth offense in 10 years is a felony and may not have the same options.

     There is the possibility of not only negotiating how much time has to be served, but also how it will be served.  In Vista Driving Under the Influence cases, it may be possible to serve your time on home detention with an electronic monitor like the SCRAM (Secure Continuous Remote Alcohol Monitor).  You can be monitored on house arrest with this device, an allowed to go only to work and back.   For the longer custody periods, there are also work furlough programs, where you live in a facility and are allowed to go to and from work only. You pay a fee which includes room and board at the facility which is located in San Diego.  Additionally, most Courts will allow you to do a residential rehab.

     There is always actual jail available which has the advantage of early release, you only serve no more than half any sentence, and there is no cost involved.  The problem is that most people will not be able to maintain their employment with an extended period of time in jail.   All of the alternatives to jail have an out of pocket cost which varies with the alternative chosen.  Having handled over 3000+ DUI cases over the last 30+ years, we at Christoph Law Offices are familiar with the various programs and will give you a realistic evaluation of your case and what can be done.  For a free consultation, call 760-941-5720.

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