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Nicholas W.

William R.

Criminal Defense Experience - 40+ Years

Does an Oceanside DUI carry jail time?

An Oceanside DUI may carry jail time depending on the facts of the case and prior record.  Whether the DUI is in Oceanside, Carlsbad, Vista, Escondido, Encinitas, San Marcos or anywhere in California, there are mandatory minimum sentences and maximum sentences.  Different Courts and prosecuting agencies may have differing policies affecting sentencing.  In North San Diego County Vista Courts, generally in a low blood alcohol non accident first offense DUI case there may be no actual custody and in some cases lesser charges or penalties may be negotiated on a case by case basis.    

Depending on the blood alcohol level, case facts, prior record, probation status, or accident, custody may be a factor even th a first offense but often times public work service like, Cal Trans Highway cleanup, or community service may be available in lieu of custody.  Usually the community service or volunteer work for a non profit organization is available only for defendants with health issues.  

On second DUI cases, there is a minimum 96 hours custody up to a year.  Again, different factors involved in the case are considered in negotiations and sentencing which determines the custody.  A third offiense in 10 years requires a minimum 120 days to a year in jail.  The San Diego Sheriifs department has a program called CPAC.  (County Parole and alternative custody)  This allows electronic monitoring for home detention and allows someone to go to work.  The Court has to authorize it and there is an out of pocket cost.  There is also work furlough through a facility downtown which may be authorized where a defendant lives there and can go to work.

For a free consultation and evaluation of your case, call Nicholas or William Christoph at Christoph Law Offices at 760-941-5720.  We have been providing the highest level of personal and professional reperesention for over 30 years across from Vista Courts.

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