Alternative Sentences for a California DUI
When it comes to driving under the influence in Los Angeles, California, there's a whole myriad of different sentences that judges can hand down.
Usually, a judge's authority in most Los Angeles courts is limited by what the prosecutor and the defense end up working out. In other words, technically, when it comes to sentencing in a DUI, judges have the authority and the power. However, when it comes to charges, the prosecutors control what's charged, dismissed, and filed.
The reality is, the way the court systems are set up, the prosecutor and the defense attorney are typically discussing the case and negotiating any plea bargain that might be had in the case. The defense attorney plays a crucial role in advocating for the defendant's best interests and ensuring a fair outcome. The judge pretty much goes along with what is agreed upon between the defense attorney and the prosecutor. Of course, the criminal defendant in the patient has to agree to it.
Under certain circumstances, a judge could express disapproval of the deal, particularly if they feel the prosecutors are being too lenient. In such cases, the judge may accept the deal but impose specific terms and conditions they believe are appropriate for the circumstances of the case. This discretion allows for a potentially fair outcome.
I've also seen circumstances where I've been trying to negotiate with the prosecutors. I felt the prosecutors weren't reasonable regarding sentencing in a DUI case, so I went to the judge and asked if I pled open to you, meaning if we asserted guilty to the charges, what the judge would give my client.
If you feel the prosecutors are being unreasonable regarding sentencing in a DUI case, there is still hope. You or your defense attorney can approach the judge and ask for an 'indicated sentence.' This means that if you were to plead guilty, the judge would indicate what they would provide you. Many judges are open to this negotiation, providing hope for a fair sentence.
Many weak judges will not do this, and they pretty much do what the prosecutors say. This doesn't make them much of a judge because they're not using their discretion.
They're not playing in a system that says a judge has the discretion to look at things neutrally, but that is the reality in Los Angeles County. As a defense attorney, you have to know which judges might give you an indicated sentence and might undercut the prosecutors under the right circumstances and which judges simply will not do that.
Misdemeanor Summary Probation for DUI
As far as sentencing goes, typically, somebody who pleads guilty to a DUI will be put on probation for three years. It will be summary probation if it's a misdemeanor, meaning you don't have to report to a probation officer.
You must remain arrest-free for those three years. If it's felony probation, you must report to a probation officer once a month to ensure that you're doing everything correctly and comply with whatever terms and conditions the court and the probation officer give you.
So, that three years is the regular probation, but sometimes I've seen it extended to five years for a severe DUI matter.
Alcohol Program for DUI
Another thing that everyone convicted of a DUI has to do is an alcohol program. There's a three-month program, a six-month, nine-month, eighteen-month, and a thirty-month program, and that's all negotiable and depends on your criminal record and how reasonable your defense attorney is in negotiating on your behalf.
You're also facing jail time. In a standard first-time misdemeanor, you're looking at six months in jail. If you get a second or third offense, you're looking at up to a year in jail.
Then, of course, if you're on probation, you could even get more time than that, depending on what the maximum sentence is for whatever crime you're on probation for. And that would also give the judge more authority when it comes to a sentence in a probation case.
The judge controls the final sentence, and they listen to the defense attorney and prosecutor. The judge then makes the final decision on the penalty in a probation violation case.
Community Service and AA Meetings
Other sentences could be imposed, like community service, Cal Trans, AA meetings, and a host of other things that could be related to a DUI matter. As far as other alternatives, there are such things as a diversion. Diversion is a program that is usually reserved for less severe DUI cases where the prosecutors have strong evidentiary proof. It allows the defendant to avoid a criminal record by completing certain requirements, such as a treatment program or community service.
So, if you're looking to find out what alternative sentence might be available to you in your DUI case, I suggest you pick up the phone and set up a face-to-face meeting with me. I do this all the time, and I think we can do some things to help you.