Sentencing Alternatives: What Kind of Sentencing Alternatives Are Available in DUI Cases?



Posted: Monday, June 05, 2006

by
THE KAVINOKY LAW FIRM

The penalties for conviction of a DUI are harsh and include large fines, jail time, and mandatory alcohol education classes. Conviction for multiple DUIs only increases the amount of punishment. Because of the harsh nature of DUI sentencing laws, courts have developed alternative sentencing options. Sentencing alternatives increase the options available for punishment, allowing for greater plea bargaining choices between the prosecutor and the defense.

Sentencing alternatives have the unique quality of being rehabilitative in nature as opposed to the punitive sentences of large fines and incarceration. There are little, if any, avenues for rehabilitation in sitting at the county jail. In addition, DUI offenders who are incarcerated may lose their jobs, thus making their situation even worse. In addition, if the DUI offender is truly an alcoholic, it is far more beneficial to seek treatment, thus minimizing the likelihood of yet another DUI conviction.

Some sentencing alternatives will allow custody credits against the time that would otherwise have been spent in jail and some allow good time/work time custody credits.

Custody and good time/work time credits are hour-for-hour exchanges of alternative sentencing against the hours that would have otherwise been spent incarcerated in the county jail.

DUI Sentencing Alternatives: Electronic Monitoring:

Also known as “house arrest." Allows the convicted DUI offender to stay at home with their families instead of being incarcerated in county jail.

Community Service:

Could include a number of different options, which offers benefit to the community instead of the large expense to taxpayers of incarcerating the DUI offender.

Cal Trans Freeway Cleanup:

DUI offenders can work the number of hours that would have been spent in the county jail on a Cal Trans Crew.

Sober Living Environments:

A group home, housed with “sober" guests who offer support and counseling sessions, instead of incarceration in county jail.

Drug and Alcohol Rehabilitation Programs:

Private programs that offer rehabilitation for drug and/or alcohol addiction.

Alcoholic’s Anonymous Meetings:

The DUI offender may attend AA meetings as a condition of probation Ignition Interlock Devices:

Machines which are attached to the DUI offender’s vehicle, requiring an alcohol-free “blow" into a mouth piece before the engine will start.

SCRAM:

An alcohol monitoring device, called Secure Continuous Remote Alcohol Monitor, which measures alcohol by way of a device attached to the DUI offender’s ankle.

Work Furlough:

This sentencing option allows the DUI offender to go to their job during the day, but is required to check into a dormitory-style housing facility during the evening.

Work Release:

This option allows the DUI offender to sleep at home at night, but requires the mandatory attendance during the day at a location determined by the Probation Department.

City Jail AKA “private jail" or “weekend jail." Many local police departments will “rent out" their jail cells, allowing the DUI offender to check themselves in at the police station, usually spending the night, and then released either the following day or at the end of the weekend.

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Top-level comments on this article: (1 total)
» left by Mandy 4 years 142 days ago.
What's the average time a convicted DUI offender would have to wear a scram anklet? Months... years???
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