DUI Jail Time – How can it be avoided?

Jail time is a standard California penalty for driving under the influence of alcohol or drugs. Though many jurisdictions suspend the jail sentence for a first-time DUI conviction if you:

• pay a fine,
• take an alcohol and drug education course,
• avoid new arrests while the case is open, and
• complete any other sentencing terms the judge imposes, such as community service.

Though if you fail to complete all these non-jail penalties or otherwise violate probation, the judge can then remand you to jail:

California DUI crime	DUI Jail time
First offense DUI	Misdemeanor: Up to six months in county jail
Second offense DUI	Misdemeanor: 96 hours to one year in county jail
Third offense DUI	Misdemeanor: 120 hours to one year in county jail
Fourth offense DUI	If charged as a misdemeanor: 180 days to one year in county jail; or If charged as a felony: 16 months, two years, or three years in prison
DUI with injury	If charged as a misdemeanor: Five days to one year in county jail If charged as a felony: 16 months to 10 years in California State Prison, plus an additional one-to-six years depending on the number of victims and the extent of their injuries
Vehicular manslaughter while intoxicated	If charged as a misdemeanor: Up to one year in county jail If charged as a felony: 16 months, two years, or four years in prison
Gross vehicular manslaughter while intoxicated	Felony: Four, six, or 10 years in prison If you have a prior vehicular manslaughter conviction or two prior DUI convictions, the penalty is 15 years to life in prison. If there are any surviving victims who suffered great bodily injury, you face an additional and consecutive three-to-six years in prison.
DUI second degree murder	Felony: 15 years to life in prison

How long do they keep me in jail for a DUI?

In general, the maximum imprisonment for a first-time DUI under California and federal law is six months.¹ Though if you are a first-time DUI defendant, it would be unusual for you to serve much jail – if any – as long as you complete all the other required sentencing terms.

However, some cities and counties require mandatory minimum jail sentences for first-time offenders.

What increases DUI jail sentences?

You usually face harsher jail sentences if you have prior DUI convictions. In California, second DUIs and third DUIs always carry some minimum jail time.

If the incident resulted in someone sustaining a serious injury or getting killed, you would likely face felony DUI charges – carrying a mandatory prison sentence.

Depending on the jurisdiction, the following aggravating factors may increase your DUI jail sentence:

• driving with a particularly high blood alcohol concentration (BAC), typically 0.15% or greater;
• refusing to take a chemical test (breath test or blood test) following the DUI arrest;
• speeding while DUI;
• having a child in your motor vehicle; and/or
• driving while under a driver’s license suspension or without a required ignition interlock device (IID)

Are there alternatives to jail in DUI cases?

In California, you may be eligible to take an intensive drug or alcohol treatment program in lieu of prison. Some programs require

• inpatient treatment,
• outpatient treatment,
• residing in a sober living facility, or
• a combination of the three.

Upon successful completion of rehab, the charge can be dismissed or reduced to a lesser penalty such as reckless driving.

You may also be able to avoid jail through a work furlough (WF) program. WF allows you to work a manual labor job while living in a county-based facility (“halfway house”). You can

• check out in the morning,
• take public transportation to work, and
• then come back to the facility to eat and sleep.

Another potential alternative sentence to jail is home confinement (“house arrest“). In these DUI cases, you typically wear a GPS electronic monitoring anklet so that law enforcement can supervise your whereabouts. You may also have to wear a SCRAM device that constantly monitors your alcohol levels.

Though if you ever violate the conditions of your alternative sentence – such as by quitting rehab, drinking again, or going to a prohibited location – your probation can be revoked. Then you may have to serve out the underlying jail sentence.

Do I go to jail for a DUI in California?

A California DUI jail sentence depends on the specific drunk driving offense and whether it is a misdemeanor or felony DUI. Some offenses are wobblers meaning they can be charged as either a misdemeanor or felony.

As long as there are no aggravating factors, you will probably get probation with no jail time for a first-time DUI. This is the case in Los Angeles County. Though some counties do require some incarceration for a first-time DUI.

For instance, the minimum jail sentence for a first-DUI in Riverside County is six to 10 days or work release. Ventura County DUI convictions carry 48 hours of jail or five days of work release. (Unlike work furlough, work release allows you to live at home and not a supervised facility.)²

Can I go to jail for DUI even if I was sober?

Yes. California DUI law defines drunk driving as either:

• driving while impaired by alcohol (VC 23152(a)); or
• driving with a BAC of 0.08% or higher (VC 23152(b)), whether you are impaired or not

Therefore, merely having an illegal blood alcohol content of 0.08% or greater subjects you to DUI penalties. It does not matter if you were operating the automobile in a safe manner.

Is it worth fighting a DUI?

Yes. The stakes in DUI cases are very high. Plus there are dozens of potential defenses that California DUI lawyers use to persuade prosecutors to dismiss the criminal charge or agree to a good plea bargain – such as a reduction to a wet reckless or a dry reckless.

Ten common DUI defenses that criminal defense attorneys rely on include:

1. The police lacked reasonable suspicion to pull you over in the first place.
2. The police lacked probable cause to make the arrest.
3. The police did not administer the standardized field sobriety tests correctly.
4. The breathalyzer was defective and returned falsely high blood alcohol content (BAC) results. Or the breathalyzer had not been calibrated recently, so its BAC results cannot be trusted.
5. You were in a diabetic coma or having another medical episode that the officers misconstrued as intoxication.
6. The high BAC results were due to mouth alcohol, such as if you had dental work that allowed alcohol to pool.
7. The high BAC results were due to a medical condition, such as GERD or acid reflux.
8. You had rising blood alcohol. This means that your blood alcohol level was legal while you were driving, but it rose to illegal levels later on during the chemical test.
9. The blood test results became contaminated.
10. The lab technicians who handle the blood tests let their certifications lapse.

If a DUI defense attorney can raise a reasonable doubt as to your guilt, the entire case could be dropped.³

Does a DUI ruin your life?

Getting a drunk driving or drugged driving conviction in California – especially a subsequent DUI – can have a profound impact on your life:

• Serving jail may cause you to lose your job since you cannot report to work.
• Even if there is no jail, DUIs look bad on background checks and may cause potential employers or landlords to disqualify you;
• The license suspension alone could cause you to lose your job if you cannot otherwise get to work. Commercial drivers may lose their entire livelihoods without a CDL.

Plus, DUI fines are very expensive. Plus, completing all the non-jail punishments – such as DUI School – takes time away from work and family.

All of this is why anyone charged with driving under the influence is advised to fight both the criminal case and the DMV case to avoid a conviction and a license suspension.