Dui sentences in California are issued depending on whether one is violating the law for the first time or a repeated offense. In most cases, a Dui conviction is followed by a sentence of up to 6 months in jail or fines. One may also have their driving license revoked. Any penalty received depends on whether the conviction involved aggravating factors and one’s criminal records with much emphasis on one’s DUI history. But in most states, there is alternative sentencing or diversion programs used as a replacement of jail sentences, fines and penalties. If you have been charged with a first time DUI in California, you may be interested in learning the alternative options available for your Dui conviction.
Dui Sentencing Alternatives In California
In California, the judge can request the below steps to be taken instead of paying fines or spending some time in jail. Besides, the judge may also choose to combine the sentencing alternatives with other penalties. If you have been charged with a first time Dui offense, you should not take the matter lightly; instead, you should consult the top San Diego criminal attorney who can ensure the judge rules out your case in your favor. You need the best defense to be used against your Dui charges. There are many options available to ensure you avoid a conviction for your first offense. You can choose to use sentencing alternatives. Sentencing alternatives that may be available to you include:
- Community service: A judge can choose to subject an offender to unpaid community work. This is a way to repay society for having committed the offense. For instance, you can be ordered to work in a certain organization to educate others about the dangers of driving while drunk. You may be required to log in for some hours to show the prosecutor that you’re faithfully serving your lot. In addition to community work, an offender can be subjected to a fine, probation, or even restitution.
- Intermittent sentence or work release: This alternative sentencing allows a first time Dui offender to serve a jail term in portions. An offender may choose to go to jail for a few days in a week and then return to their normal life.
- Roadside cleanup: It’s no doubt a first-time offender will want to pursue any available sentencing alternatives. Roadside cleanup is another form of community service. You can be ordered to keep the highway clean to complete your sentence.
- House arrest: This is also called electronic monitoring. A Dui offender can be allowed to be confined in their home to avoid being in jail. However, one is monitored with electronic sensors linked by telephone lines to the offenders’ ankle. If the offender goes beyond the authorized radius, the host computer records the signal disappearance. When such happens, one may be subjected to arrest.
- Incarnation in a private jail: There are private prisons that benefit from offenders who have been jailed for low-level offenses.
- Diversion programs: For the diversion programs, this is an agreement between the offender and the prosecutor. The offender is released once he/she completes the terms in the diversion program. If the offender fails to meet the given requirements, the charges are reinstated based on the earlier offense.
It’s worth noting that diversion programs are only for the first time Dui offenders. Anyone who has prior Dui charges or any other criminal charge cannot participate in diversion programs. Additionally, offenders who have commercial driver’s license cannot use the diversion programs.
There are many types of sentence alternatives. A good lawyer should advice on the best alternative to serve your best interest. Failure to comply with the alternative sentencing or diversion programs may subject you to arrest and the normal Dui penalties imposed.
What Are The Benefits Of Sentencing Alternatives?
The sentencing alternatives are there to replace jail terms or fines paid by first time Dui offenders. The aim is to prevent repeat DUI offenses. These programs allow first time Dui offenders to obtain their restricted driver’s license. Again, once an offender has finished the programs, the court dismisses their Dui charge. However, this doesn’t erase the conviction. The offender is still left with a DUI record to deal with, which may affect their chances of getting a job or even education loans.
Talk With An Experienced Dui Lawyer
If you or your loved one has been charged with a first time Dui, you should consider hiring a Dui lawyer for representation. If you’re not careful of your Dui crime, you may be subjected to fines and penalties, especially if the Dui involved aggravating factors such as causing injuries or death. Also, you may lose your driver’s license, where you may be required to install an ignition interlock device. However, an experienced lawyer can guide you on how to request a DMV hearing and also ensure you are not convicted of a Dui in court.