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What Determines if You Get Jail Time on a DUI?

Posted by Ronald D. Hedding | Feb 15, 2019

This is a significant question on many people's minds. Once you are arrested, you are taken to the local jail where your case occurred and held for a short time.

One of the biggest things that my clients tell me when they meet with me about their DUI cases is that they never want to go back to jail again. And you don't blame them. Who wants to go? What are the penalties? Your freedom is taken away. There are some bad people in there sometimes.

One of my primary objectives is to keep you out of jail, and I explore various strategies to achieve this. It's important to note that if it's a first-time DUI and no one was injured, you're in a favorable position to avoid jail time. This can bring a significant sense of relief, knowing that your freedom is not at immediate risk.

Some counties, such as Santa Barbara, Ventura, and Orange, attempt to incarcerate individuals, even for first offenses.

Level of Danger on the Road

Fortunately, in Los Angeles County, the system is generally fair. They will give you the benefit of the doubt as long as you don't hurt anybody. The decision to put someone in jail is based on the level of danger the person poses on the road, which can give you hope for a fair outcome.

Jail Time for DUI in Los Angeles

In other words, what were they doing? How fast were they going? Did they hurt somebody? Were they out of control? How high was their blood alcohol level?

These are all significant factors in determining whether you go to jail, as prosecutors and judges are aware that the ultimate punishment in a DUI case is typically jail or prison time. So, they're going to say that they need to go to jail for some time to serve as a deterrent for the people they think need it.

Multiple DUI's

Sometimes people have alcoholism, and they won't stop drinking and driving, and they get multiple DUIs, and the prosecutors and judges say, those are the people that we're going to give jail time to.

Those are the people that we're going to send to prison because those people don't learn. The most effective tool we have to stop them is to throw them in custody because number one takes them off the street, dries them out, and number two shows them what could happen if they continue to drink and drive.

They don't care about your job. They don't care about your family. They don't care about your responsibilities.

They do care that it scares the heck out of you to go to jail. That's why they do it. That's why they use jail as a deterrent in DUI cases. So, if you're scared that you might go to jail, whether it's a first, second, third, or fourth time DUI, whether you were involved in an accident, whether somebody was hurt, you're going to need a DUI defense attorney like me who is local to these LA courts.

When I say 'local,' I mean someone who practices in these courts, knows the judges, prosecutors, and procedures, and understands how the court system works. This local knowledge is crucial in achieving the results you need in your DUI case, and it should give you confidence in your defense.

Developing a DUI Defense Strategy

When you arrive, we'll review everything with you. I'll ask you to be honest and straightforward, providing me with all the information. This will enable me to devise the best strategy for your defense. I'll then guide you on how you can assist me in helping you, and what steps I'll take to put you in the best possible position.

This means either getting the not guilty verdict you need, having the case wiped out by way of a motion, or, if those two things are not reasonably possible, I'm going to be honest with you and tell you that, and we're going to do so to take another route. We'll attempt to negotiate this case on your behalf and secure the best possible outcome for you.

So, don't delay. Call now and let my twenty-five years of experience, expertise, and local connections work for you. Don't fall for online ads from those who have the money to advertise but lack the experience and knowledge to deliver the results you need.

About the Author

Ronald D. Hedding
Ronald D. Hedding

What Makes Ronald Hedding Uniquely Qualified To Represent You? I've been practicing criminal defense for almost 30 years and have handled thousands of cases, including all types of state and federal sex crime cases. All consultations are discreet and confidential.

Contact Us Today

Hedding Law Firm is committed to answering your questions about DUI law issues in California and throughout the United States.

I'll privately discuss your case with you at your convenience. All consultations are free, discreet, and confidential. Contact us today to schedule an appointment.

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