DUI Sentencing

If you have been arrested for a DUI in California and you have one or more prior DUI arrests leading to a conviction for DUI or alcohol related reckless driving, commonly known as a "wet reckless", the number one priority is to stay out of or limit County Jail. Sentencing on a DUI in California varies from County to County. On a second offense jail time varies between a mandatory minimum 96 hours to a maximum of one year. On a third offense, county jail time varies from a minimum one hundred and twenty days to a maximum of one year. A fourth offense can and will be filed as a felony with a possible State Prison Sentence.

However, the Court does have the discretion to consider alternatives to county jail including residential rehabilitation programs, work release or work furlough, electronic home confinement, or private jail. Gold & Witham have many years of experience in successfully keeping clients with prior DUI convictions out of county jail. Gold and Witham actively involve their clients in short term but intensive activities geared towards presenting to the court positive information about their character and attitude to the case. This may involve meetings with a Psychologist, voluntary AA meetings, community service, and out-patient or in-patient treatment programs. This approach, together with a thorough investigation into the facts of the case has proven to be very effective in pursuading judges in Orange County and Los Angeles County to accept alternatives to jail time.

Jail time for DUI convictions is increasing every year. The period of jail time varies considerably from court to court. There are courts in Los Angeles County that will consider granting the mandatory minimum jail time of 96 hours on a second offense, and there are courts in Orange County that routinely impose over 45 days jail time in the same circumstances. Anyone arrested for a second or third time DUI in Los Angeles or Orange County needs representation by an Orange County DUI Lawyer or Los Angeles DUI Lawyer familiar with individual policies in each County and in each court and how to approach a case with these important political considerations in mind.


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