The question as to whether a person will go to jail related to a DUI arrest is undoubtedly one on most people's minds. This is especially true if you spent any time in one of the local jails following your arrest.
No one likes their freedom taken away, and the local jails are no fun! The good news is that in Los Angeles Courthouses, most first-time DUI defendants do not receive any jail time for their punishment. Like most things in life, there are exceptions to this rule. Most of the exceptions to the no jail time component of DUI cases relate to those individuals who are a danger to the community.
The types of activities (for lack of a better word) that can cause you to be sentenced to jail include but are not limited to excessive speed, extremely reckless driving, causing an accident, very high blood alcohol level, and just about any activity that can be characterized as dangerous to human life.
It's important to remember that the prosecutors and judges in Los Angeles are focused on protecting the public. However, with the right legal representation, there's always a chance to paint a different picture and achieve the best possible result for your DUI case. This hope can provide some comfort in a challenging situation.
See Blog: Will You Get Jail Time For Your DUI In Los Angeles?
Multiple DUI Offenses in Los Angeles County
If you are charged with a DUI and have a history of DUIs within ten years, the likelihood of jail time significantly increases. A second-time DUI conviction in any of the LA courthouses carries a minimum of 96 hours in jail, up to a maximum of one year.
When you are on probation, you will face additional time for the probation violation and a new case when you pick up your second DUI. There are ways around the mandatory jail, but these angles should be discussed with a seasoned DUI defense attorney.
One tip is for your attorney to convince the prosecutor to permit you to plead to a lesser charge, such as a 'wet reckless, 'which is a charge of reckless driving involving alcohol. Pleading to a wet reckless may result in a shorter probation period and less severe consequences compared to a DUI conviction. For example, there is no mandatory jail time if you claim to be a wet reckless.
When it comes to a third-time DUI, the punishment significantly increases. The minimum jail sentence for a third-time DUI in Los Angeles County is 120 days in jail. The likelihood of convincing the prosecutors and judge to give you a break under these circumstances is significantly less than for a third offense.
Again, the prosecutor and judge primarily protect the public from unsafe/dangerous drivers. Hence, if you continue to drink alcohol and drive, they will eventually come down on you with the total weight of the law.
For a fourth DUI offense within ten years, you face prison time and a felony on your record. Once you start to get into this realm, the judge and prosecutor will show you no mercy and will be considered a menace to society, and they will do everything to stop you from drinking and driving.
I see a lot of judges ordering defendants not to drink alcohol and even having them wear the SCRAM Bracelet on their ankles, which detects if they have consumed alcohol and will alert the court if they violate their order not to drink.
As you read the above, I'm sure you realize that the legislature, police, prosecutors, and judges are particularly keen on protecting the public/community from those who drink alcohol and drive a motor vehicle. There is a significant amount of political pressure that has been placed on the authorities by groups like MADD (Mothers Against Drunk Driving) to enact and enforce strict DUI laws.
These groups advocate for tougher penalties and stricter enforcement to deter drunk driving and reduce the number of alcohol-related accidents and fatalities.
Every individual who pleads for a DUI in Los Angeles County is cautioned about the potential danger to human life when alcohol and driving mix. This knowledge is crucial, as they are also informed that a fatal accident caused by their impaired driving can lead to a second-degree murder charge and a fifteen-year prison sentence.
Understanding these potential consequences is key to making informed decisions and taking responsibility for one's actions.
California's Strict Drunk Driving Laws
Suffice it to say that California is one of the most authoritarian states regarding DUI law. If you are charged with a DUI, your best bet is to find an attorney who has helped people in your situation in the courthouse where your case is pending.
Let that attorney be your guide and help you make the right decisions related to your case. When I meet with clients, I make it a point to lay everything out in the first meeting and let them know what they are realistically facing and what they can do to help me best defend them. This guidance and support can provide a sense of reassurance and direction in what can be a daunting legal process.
