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 record, with much emphasis on one's DUI history. But in most states, alternative sentencing or diversion programs replace 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. Many options are available to 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 subject an offender to unpaid community work. This is a way to repay society for having committed the offence. For instance, you can be ordered to work in a particular 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 for a DUI, or restitution.
- An intermittent sentence or work release: This alternative sentencing allows a first-time Dui offender to serve a jail term in portions. An offender may go to jail a few days a week and then return to everyday life.
- Roadside cleanup: 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 confined in their home to avoid being in jail. However, one is monitored with electronic sensors linked by telephone lines to the offender's ankles. The host computer records the signal disappearance if the offender goes beyond the authorized radius. When such happens, one may be subjected to arrest.
- Incarnation in a private jail: Private prisons benefit from offenders jailed for low-level offenses.
- Diversion programs: This is an offender and prosecutor agreement for diversion programs. The offender is released once he/she completes the terms of the diversion program. If the offender fails to meet the requirements, the charges are reinstated based on the earlier offense.
It's worth noting that diversion programs are only for first-time Dui offenders. Anyone with prior Dui charges or other criminal charges cannot participate in diversion programs. Additionally, offenders with commercial driver's licenses cannot use the diversion programs.
There are many types of sentence alternatives. A good lawyer should advise on the best option for your best interest. Failure to comply with the alternative sentencing or diversion programs may subject you to arrest and the standard Dui penalties imposed.
What Are The Benefits Of Sentencing Alternatives?
The sentencing alternatives 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 licenses. Again, once an offender has finished the agenda, the court dismisses their Dui charge. However, this still needs to erase the conviction. The offender still has a DUI record, 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 and be required to install an ignition interlock device. However, an experienced lawyer can guide you on requesting a DMV hearing and ensure you are acquitted of a Dui in court.
