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Drivers convicted of DUI / DWI in California face serious repercussions - a drunk driving conviction is punishable with license restrictions, heavy fines, and even jail time. However, sentencing alternatives may be available in California driving under the influence cases that can reduce or even eliminate jail time.
A knowledgeable Substance Abuse Expert is an invaluable asset in many drunk driving cases. A Substance Abuse Expert can provide a comprehensive evaluation of an accused drunk driver to determine whether he or she is a good candidate for alternative sentencing.
Some individuals arrested for driving under the influence of alcohol or drugs have substance abuse issues and could benefit from a treatment program. Others merely suffered a stroke of bad luck or a momentary lapse in judgment. Both types of defendants can benefit from alternative sentencing programs.
Although in the past, certain drunk driving convictions meant almost certain jail time, courts are increasingly recognizing that DUI / DWI offenders and society are both better served by sentencing alternatives such as residential treatment.
California Penal Code section 2900.5 allows motorists convicted of driving under the influence to receive credit against a jail sentence for time spent in treatment. However, in some jurisdictions, the driver may have to complete rehabilitation before being sentenced for the DUI / DWI offense. An experienced drunk driving criminal defense lawyer can advise whether that's the case in the jurisdiction where the arrest occurred.
There are many alternatives to jail in a California driving while intoxicated case - the driver may benefit from a carefully negotiated plea bargain that substantially cut or eliminate a jail sentence. Alternatives to incarceration in drunk driving cases include electronic monitoring, residential treatment, ignition interlock devices, freeway cleanup, and attendance at Alcoholics Anonymous meetings.
Electronic monitoring can be an effective alternative to jail in California DUI / DWI cases. The convicted drunk driver is essentially confined to his or her home during certain hours but is allowed to leave for court appearances, alcohol education classes, and other essential travel. The offender is monitored with an electronic device worn on the ankle that alerts authorities if he or she leaves home without permission.
Residential treatment is an excellent option for many convicted drunk drivers, particularly those convicted of multiple DUI / DWI offenses. Not every individual arrested for driving under the influence has a problem with alcohol, but many do. A reputable residential treatment program can provide the help that a convicted drunk driver needs while providing a viable alternative to a jail sentence. An experienced Substance Abuse Expert can evaluate each accused drunk driver on a case-by-case basis to determine whether the driver might benefit from residential treatment.
Ignition interlock devices (IIDs) are being ordered in more and more California drunk driving cases. Ignition interlock devices are equipment that prevents a vehicle from being started if the driver is unable to provide a breath sample that's within a certain pre-set blood alcohol content (BAC) - usually any alcohol at all. The device also requires "rolling retests" during certain intervals to ensure that the driver didn't get someone else to blow into the collection tube and start the vehicle.
Attendance at Alcoholics Anonymous meetings is required after nearly every California drunk driving conviction. AA meetings are free to attend and take place many times each day across California.
Fortunately, the availability of alternative sentencing in California DUI / DWI cases means that a jail sentence isn't inevitable. There are many options available to help accused drunk drivers avoid incarceration. A top-notch defense team that includes an experienced attorney and a knowledgeable Substance Abuse Expert will fight to ensure that individuals accused of driving under the influence spend as little time as possible behind bars.
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