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Too many people get convicted of DUI without realizing the right DUI lawyer can make that liklihood significantly less. That's where Barry G. Sands comes in for you. Protect your rights, know your options.
In California, being charged with a DUI (driving under the influence) or DWI (driving while intoxicated) is a criminal offense. Many motorists have difficulty accepting the reality that a conviction for drunk driving comes with harsh penalties, including a California criminal record, stiff fines, loss of driving privileges, increased insurance rates, possible jail time and possible loss of your professional license.
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If you're looking for alternatives to jail for your multiple offense DUI, you'll need to speak to a qualified multiple offense DUI attorney about what will be offered in your specific jurisdiction.
"I Can't Afford To Go to Jail for My Second DUI, Third DUI, or Felony DUI. How Do I Stay Out of Jail?"
Who can afford to spend months if not years in jail for their 2nd DUI, 3rd DUI, or Felony DUI arrest? The answer is NO ONE.
Am I guaranteed House Arrest, Electronic Monitoring, or an Ankle Bracelet for my DUI Charge?
The answer is NO. No Attorney can guarantee you'll get any form of alternative sentencing. Certain court houses will not even consider house arrest on a standard 2nd DUI charge, much less a 3rd, 4th or Felony DUI arrest. To know what is available in the jurisdiction where your serious DUI offense is in, you'll have to speak to a DUI attorney who focuses their practice on serious DUI offenses and who knows all the jail alternatives available.
There are Three Things Every Client Interested in Alternative Sentencing Must Know Before Hiring a Multiple Offender DUI Lawyer.
First, if you have been recently arrested for a second DUI, third DUI, fourth DUI, or Felony DUI in California, you are currently looking at mandatory jail time. This is not a threat. This is not to frighten you into hiring a DUI attorney. This is the Law. If you do not fight this DUI, you will be sentenced to jail. Period.
Second, alternatives to jail are a privilege and not a right. You do not automatically get house arrest, rehab, or electronic monitoring in lieu of jail. You or your DUI Lawyer must negotiate/beg to be considered for such alternatives to jail. If you are granted such alternatives and you fail to complete them as ordered by the court, you will likely have to face jail time, so you really need to negotiate an alternative that you can live with.
Third, most of these alternative sentencing programs require some sort of drug and/or alcohol test. It doesn't matter to the programs that you have been prescribed with a medical marijuana card. They do not care if you have a legal prescription for Vicodin, Oxy Cotin, or the like due to back pain or an old injury.
In most jurisdictions, if you wish to be accepted into such alternatives to jail as House Arrest, you must submit and pass a drug screen which will include screening for some prescription medications. There are no exceptions for this rule. If you cannot pass a drug test, you will not be eligible for certain alternatives to jail.
Finally, if you are not willing to stop drinking and driving while your case is pending, or if you are not willing to faithfully go though the motions of the DUI programs, regardless if it is AA meetings or a SCRAM bracelet, don't bother wasting your time and money by hiring a multiple DUI Lawyer. Unless, by miracle, your DUI attorney can completely argue their way out of the DUI, (which does happen), if you are unwilling to walk through the process, you will be going to jail so there is no point to begin the process and not be able to finish it.
As an multiple DUI lawyer, nothing is more frustrating than obtaining a stellar "no-jail-time-involved" deal for a client only for a client to pick up a third or fourth offense while the second DUI is still pending. All the time and effort spent convincing the District Attorney and the Court that your client has learned his or her lesson and deserves one more chance is completely thrown out the window when that person picks up a new offense. Do yourself a favor, stop drinking while your DUI case is pending.
Alternatives to Jail for the Multiple DUI Offender
Below is a brief explanation of the possible alternatives to jail.
Scram is by far the newest alternative to jail for a multiple DUI offender. Scram is an electronic device that is worn as an ankle bracelet. The bracelet tests your skin for alcohol and sends back the information to a private company that then reports that information to both your attorney and court.
Being a relatively new method of alternative sentencing, some judges in some courts must be educated about what SCRAM is and how accurate the device is.
House arrest which is also known as Electronic monitoring is an ankle bracelet which will monitor your whereabouts throughout the day and report them to either the probation department or a private company. The bracelet is small, wearable under dress slacks and you cannot take it off while on house arrest.
Depending on the terms of your sentence, you may be able to work during the day while serving your house arrest sentence at night.
Work Furlough Program
Work Furlough Program is also known as a Pay To Stay program. It is different from community service. For a Work Furlough program, you stay in a private city jail facility during the evening, while in some circumstances, you're allow to work during the day.
Depending on the jail program, it can be weekend only, which would allow you to leave the facility during the week day to work, sleep at home, and live your normal life.
The details of the work furlough program will differ from jurisdiction to jurisdiction, and will depend on availability of the city jail facility.
DUI court is a intensive rehabilitation based program that consists of meetings, drug screenings, alcohol screenings, DUI probation officers coming to your house to look for alcohol, and sometimes job placement help.
DUI court is only available for individuals with no violent acts in their background. DUI court is only available in a few jurisdictions, is either free of low costs, but it is very involved. If you fail the DUI court, you likely will have to go to jail.
Sober Living / Residential Treatment Program
For serious DUI cases, one alternative to jail are residential treatment programs or sober living houses. They're akin to rehab. Some allow you to go to work, while others are "lock down" and will not allow you to leave to go to work.
In addition, some treatment programs are probation approved while other programs are preferred by the judge. Client the above link to find more information on both court approved programs and sober living programs.
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