DUI sentences in Vista Courts may have jail time depending on the facts of the case and the individuals prior record. Most individuals arrested for drunk driving are initially taken to jail, make bail and have a first appearance or arraignment at a later date. Misdemeanor DUI cases are usually set a month or so out an felony DUI cases are ususally set in about a week out if you make bail and are out of custody.
First offense DUI sentences usually do not carry actual jail custody, but have public work service imposed in lieu of custody. This public work is usually Cal Trans trash pick up for eight hours for each day ordered, the number of days can vary significantly. There may also be Volunteer work for those physically unable to work on the road who have a medical excuse. It is possible to get actual jail time on a first DUI if there was aggravatied facts like excessive speed, refusal to take a chemical test, children in the car at the time, dangerous driving, accidents, very high blood alcohol levels, prior record, suspended license or other aggravating factors. The amount of public work varies also with the facts of the individual case.
DUI cases with prior DUI convictions within 10 years and felony DUI cases, where the DUI driver causes injury to another, always carry jail time. There are mandatory minimums for these cases which varies with the number of prior convictions and the seriousness of the case. For instance, second offense DUI cases carry 96 hours minimum up to a year in jail, third offenses carry 120 days minimum to a year, DUIs with injury carry 5 days to 3 (or more) years in prison.
The are alternatives to jail which count as jail custody if the Court authorizes it. These include work furlough, CPAC (County Parole and Alternative Custody Program) electronic surveillance as well as possible credit being given for residential treatment. These alternatives are discretionary with the Court so contacting an experienced Criminal Defense Attorney can be very important in helping you to get the Judge to authorize it in your case. Call Christoph Law Offices at 760-670-3885 for a free consultation. Across from Vista Courts for over 34 years, we provide the highest level of personal DUI and Criminal represntation.