A first DUI sentence can include jail time, but usually it can be avoided. Technically, the DUI sentence can include zero to 6 months of jail, but realistically actual custody is rare with a first offense. There are alternatives to custody often used in a first DUI sentence like public work (Cal Trans trash pick up) in lieu of custody or possibly volunteer work if you are elderly or have a medical condition that would prohibit public work. Sometimes cases can be resolved with probation just fines and a DUI program, no work or jail. There are many factors to be considered and utuilized to try to avoid public work as well as custody and get lesser charges or penalties.
Every case is different just as the defendants in each case are different. In an aggravated case with high blood alcohol, attitude issue at arrest, accident or other aggarvating factor could result in jail in a first DUI sentence. However, even in those cases there may also be work furlough or an electronic monitoring alternative ankle GPS and alcohol sensor for house arrest available. There is also military diversion for active duty individuals and veterans if you meet the eligibility criteria then you avois any penalty other than treatment and there is a dismissal with successful completion.
You should contact an attorney who does DUI cases and criminal cases for a review of your case. You only have 10 days from your arrest to set up a DMV hearing to challenge any DMV alcohol suspension resulting from your arrest. Call attorneys Nicholas and William Christoph at 760-941-5720 for a free initial consultation and case evaluation. Located for over 32 years across from Vista Courts and having handled over 3000 DUI cases, we can help you get the best resolution in your case.