As we head into the holiday season, it’s important to recognize that incidents of driving under the influence (DUI) of drugs or alcohol can increase during this festive time. Statistics have revealed that the period between Christmas and New Year’s is the time in which the highest number of DUI-related fatalities occur. However, even though we understand the risks associated with intoxicated driving, many people still climb behind the wheel after having a few drinks. Since imbibing alcohol impairs our decision-making capabilities and overall judgment, a driver who has consumed alcohol may downplay their risky behavior and assume that they will get to their destination safely. Los Angeles County law enforcement takes DUI crimes seriously, and you may find yourself pulled over and arrested for driving while intoxicated. It’s natural to feel overwhelmed and concerned about how this incident will impact your future, especially if you are a first-time offender. You should understand that the penalties for DUI convictions vary widely depending on several factors, so it’s essential to enlist the help of an experienced and trusted Los Angeles County DUI defense attorney to advocate for your best interests. Working with a criminal defense lawyer maximizes your chances of obtaining sentencing alternatives to county jail time, allowing you to move on with your life more quickly.
Understanding DUI Crimes in Los Angeles County
Under California law, it is illegal to operate a motor vehicle while under the influence of alcohol or drugs or both, or to drive with a blood alcohol content of 0.08% or higher. Additionally, drivers with a commercial driver’s license, those who are already on DUI probation may not drive with a BAC of 0.04 percent or higher. The penalties for DUI crimes can be significant, even for first-time offenders. For example, a first-time DUI offender may be charged with a misdemeanor offense, punishable by up to six months in county jail, three to five years of DUI probation, mandatory driver’s license suspension for six months, fines of up to $2,000, and mandatory participation in a DUI education program for three to nine months. However, defendants can face felony charges for DUI offenses causing severe injuries or if they have previous DUI convictions on their criminal record. Felony DUI crimes carry more severe penalties, including imprisonment, costly fines, a lengthy driver’s license suspension, and other restrictions to the defendant’s freedom and future.
Exploring Alternatives to County Jail Time
The California criminal court system allows judges to consider the facts and specific details of each case to determine the most appropriate penalties. This means that many first-time DUI offenders can pursue sentencing alternatives to county jail time, especially if the alternative aims to address the underlying behavioral issues or substance abuse problems that led to the risky incident. The best way you can maximize your chances of securing less punitive consequences for a DUI offense (such as probation in lieu of jail time) is to enlist the help of a skilled and experienced Los Angeles County criminal defense lawyer. Your attorney will examine the details of your case and advocate for sentencing alternatives that allow you to seek the treatment you need to get your life back on track. If the judge determines that sentencing you to probation is more appropriate than imposing a county jail sentence, you can expect that the conditions of your probation will include some of the following provisions.
Substance Abuse Counseling
In recent decades, efforts to reform the criminal justice system have focused on implementing sentencing alternatives to imprisonment, particularly for offenders struggling with substance abuse. Advocacy groups have argued that imprisoning people for drug or alcohol-related crimes does not address the root problem of addiction. California judges may review the circumstances of a DUI case and determine that sentencing the defendant to serve time in county jail is less constructive than sentencing them to probation, which may include mandating drug or alcohol rehabilitation (either inpatient or outpatient). Your DUI defense lawyer can help to advocate for this option as an alternative to imprisonment in order to support your efforts to get and stay sober.
Alcohol Monitoring
Rather than send you to jail, a judge may order you to wear a Secure Continuous Remote Alcohol Monitor (SCRAM) device to deter you from consuming alcohol. The SCRAM device allows law enforcement to supervise you—if you consume alcohol, the device will notify the police. In some cases, the court may order you to install an Ignition Interlock Device (IID) that requires a breath sample in order for the engine to start. Although these alcohol monitoring devices may be cumbersome, most people prefer the hassle of these devices to spending time in county jail.
Community Service and DUI Education
Many people convicted of first-time DUI offenses are sentenced to probation, which orders them to attend a court-approved DUI education program and perform a certain number of hours of community service. The judge may choose a community service program for you or approve the program you suggest. These conditions of your probation aim to help you participate in society in a positive way and learn from your mistakes. Again, most defendants prefer these sentencing options to spending time behind bars. Whatever the specifics of your DUI case may be, discuss your options with a knowledgeable and skilled Los Angeles County DUI defense lawyer right away to start developing the most strategic path forward.
Facing a DUI charge can be overwhelming and intimidating, especially for first-time offenders. If you need help fighting a DUI charge in Los Angeles County, the skilled and experienced criminal defense team at Wegman & Levin is ready to defend your legal rights. Call our office today at (818) 980-4000 to schedule your free consultation with a trusted criminal defense attorney.
