dui alternatives for jail sentence modification

If you have been charged and convicted of driving under the influence in San Diego County, even if it is your second or subsequent DUI offense within a ten year period, an experienced and dedicated DUI attorney who is sklled in mitigation can often help you avoid an impending jail sentence. Possible alternatives to incarceration and imrprisonment in a San Diego case could include:

possible sentencing options in san diego county

sober living residential recovery homes

California Penal Section 2900.5 allows for time spent in residential recovery & sober living environments to be credited toward jail time, and in many cases, to be spent concurrently with other sentencing. If you are convicted of DUI in San Diego County, you will typically undergo an alcohol & substance abuse assesment process. If it is determined that alcohol or drug dependence contributed to your drunk driving conviction, the court will usually allow you a rehabilitative option rather than a punitive measure, such as imprisonment.

What is a sober living environment? A Sober living environment is a subcategory of "Transitional Housing". It is usually a residential home, or apartment buiding, dedicated to providing housing, guidance, support, and supervision to persons recovering from alcohol and drug addictions.

Most sober living environments are community based, self supporting, and require resident participation in counseling, group sessions, and 12 Step Meetings such as Alcoholics Anonymous or Narcotics Anonymous. Curfews and rules are imposed, and residents must contribute to by performing chores such as cooking, cleaning, and other household tasks. Sober living residents are expected to maintain jobs or attend school and abide by the house rules.

More Info on Sober Living Environments: Call The Sober Housing Network at 1-800-799-2084 for referrals and information on sober living residences in San Diego County. Hotline Hours are 9 A.M. to 7 P.M. PST.

alcohol & drug treatment programs

As with commuted or concurrent sentencing to sober living, most persons convicted of DUI in San Diego have undergone alcohol & drug dependency assessment.

Rehabilitation is separate from mandatory DUI school and differs from sober living, which is less clinical and acute. Drug Rehab is typically in-patient, meaning the DUI defendant checks into a hospital or facility that is intensive and usually 21 to 28 days in length, or longer, and becomes a patient or client of the program.

halfway houses & work furlough

As with sober living homes and community service, as opposed to Inpatient Drug Rehab, a major benefit of a work furlough sentence is the ability to keep one's job without interruption of employment and hardship on the defendant's family and dependents.

Court appointed work furlough participants typically reside in a halfway house where supervision is minimal to moderate. Residents are permitted to go to work, fulfill their employment responsibilities, and tend to personal business matters, but are otherwise confined to the facility or residence at all other times.

community service sentence commutation

Jail Sentence commutation to community service in DWI cases has been widely publicized by celebrity drunk driving arrests where the court feels the defendant can contribute more to the community, due in part to their high profile and public stature, than either the defendant or society would benefit from incarceration.

Celebrities and public figures are not the only candidates eligible and well-suited for a contributing role in the community as a substitute jail confinement.

In order to qualify for jail sentence modification to volunteer or public service work, the defendant must not pose a threat to society or themselves, and the sentencing circumstances must not carry a clause stating no portion of the sentence may be stayed. In other words, the Judge must have discretion over how the punishment will be served.

Community Service as a DUI sentencing option is especially common in Southern California as Judges and courts seek to relieve the overcrowded conditions in local detention centers. In some cases the Judge will assign the defendant to dedicate their unpaid work to a particular organization or cause, such as working with at-risk youth, in other cases the defendant is allowed to choose the benefitting association and service role, or assignment. The credit for hours of work performed are usually equivalent to the hours the volunteer would otherwise spend in custody without sentence modification.

Examples of nonprofit organizations that are often designated by the court or selected as the beneficiary by the defendant include the Red Cross, Salvation Army, the Humane Society, YMCA & YWCA, and other outreach programs.