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Will You Go to Jail if Arrested for a DUI in Los Angeles?

Posted by Ronald D. Hedding | Nov 30, 2020 | 0 Comments

Learn Whether You Will Go To Jail If Arrested for a DUI Under California Vehicle Code 23152 in Los Angeles

If you were arrested and the police took you to the police station, you've already been to jail and it's just a matter of how long they held you for.

Sometimes they'll hold you for a number of hours.  Sometimes they'll let you go relatively quickly depending on how high your blood alcohol level was and also, with the Coronavirus now, they've got limited space in jail to be able to space people out so they're not adding to the problem.

The next questions is going to be, once you get out of jail, I'm sure you had a horrible experience when you were in jail, having your liberty taken away.  It's dirty.

There are other people in there that are probably charged with more serious crimes than DUIs.  So, you want to make sure that you don't go back.

First Offense DUI in California

One big key is, is this your first offense?  If it is your first offense, you have a real good chance of not going back as long as nobody was hurt during your DUI arrest.

Will You Go to Jail if Arrested for a DUI in Los Angeles?

That's one of my biggest goals, especially for people who are first offenders, to make sure, in addition to protecting their record, to try to keep them out of jail in the future.

Most people, once they get that taste of jail, they hate it so much they never want to go back and that's something they mention to me in my office at the first meeting — please, I don't want to go back to jail again in Los Angeles county.

And you haven't even tasted the worst part of jail.  You've just been held in probably a local police station.  Los Angeles County jail is much worse because:

  • much more harden criminals;
  • much dirtier;
  • much more likely to catch a virus like the Coronavirus.

Factors That Determine Jail Time on a DUI

So, set up a meeting immediately.  Let's sit down.  Let's talk about it.  Let's get the game plan together right away so that you don't go back to jail.

Factors That Determine Jail Time on a California DUI

Another factor that's going to determine whether you go to jail, in addition to whether somebody was injured, is how many prior DUIs you have.

If you have no prior DUIs you're in pretty good shape.  If you've got prior DUIs, now you start to run into a problem as it relates to jail.

Right now, in Los Angeles county for a DUI if it's a second offense, it's a mandatory minimum of 96 hours in jail.  So, that's four days in jail.

So, if you weren't held four days, you were only held four hours for example, you still have some time left to do if you're convicted of a DUI.  That' a minimum by the way up to a year on a second offense.  So, 96 hours to a year.

Third and Fourth Time DUI in California

On a third offense, the jail time jacks up considerably more.  A minimum of 120 days up to a maximum of a year and if you're sill on probation for the first or second, that's additional time that can be tacked onto the back of your sentence.

And for a fourth offense, you're looking at going to prison.  The high term for a felony DUI in Los Angeles county is three years in prison.  Plus, if you're on probation, they can add additional time.

So, you start to get the idea that DUIs in Los Angeles are taken very seriously.  Mothers Against Drunk Driving has a lot of political power.

Judges, prosecutors, police, all have pressure on them to prosecute, convict and punish those people who continue to get DUIs in Los Angeles county.  There's hundreds of DUIs every month.

Criminal Defense For DUI Cases in Los Angeles

So, you've definitely come to the right place.  I have a lot of experience dealing with DUIs.  I've defended thousands of them over a 26-year career.

Los Angeles DUI Attorney

I worked for the prosecutors early in my career in the early 1990s and I also worked for a Superior Court Judge.

So, I have a pretty good idea of how all sides handle a case.  But we're only looking at your side.  We're looking to try to keep you out of jail, keep you out of prison.

If you've got a DUI, pick up the phone.  Ask for a meeting with Ron Hedding.  I stand at the ready to help you.

Hedding Law Firm is a top-ranked criminal defense law firm located Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436. Call our office for a free case evaluation at (213) 542-0963.

About the Author

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.

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