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California drunk driving convictions carry serious consequences - the driver faces a license suspension, fines, and even incarceration. However, jail isn't unavoidable after a DUI / DWI conviction. There are many sentencing alternatives available such as residential treatment that can help an individual convicted of driving under the influence to avoid incarceration. The experienced criminal defense lawyers at the Kavinoky Law Firm can evaluate each case to determine whether rehabilitation may be an option.
Although at one time jail was almost unavoidable in some California drunk driving cases, that's no longer the case. The courts have shifted toward favoring treatment and rehabilitation rather than jail if it can be shown that both the offender and society will benefit.
Under California law, time spent in a residential treatment center or another form of alternative sentencing will be credited against a jail sentence on a day-for-day basis. However, depending on the jurisdiction, the court may require the driver to complete treatment prior to being sentenced. The time spent in rehabilitation will then be credited toward a jail sentence.
An evaluation by a reputable Substance Abuse Expert can often help a criminal defense lawyer convince the court that treatment or another form of alternative sentencing is a favorable option in a California DUI / DWI case. The expert's input may convince the court that justice will be better served by sentencing the driver to treatment instead of jail.
Not everyone arrested for DUI / DWI has a substance abuse problem, but many drivers do. For those individuals, going to a residential treatment center can be a blessing in disguise. In rehabilitation, the driver will learn to address problems with alcohol and / or drugs. Many treatment centers employ Alcoholics Anonymous and Narcotics Anonymous meetings into their treatment plans - programs that can help the driver pursue a path of long-term recovery. An experienced Substance Abuse Expert can help to determine whether the driver would benefit from rehab.
There are many treatment options available - programs range from 30 days to as long as a year or more. An experienced Substance Abuse Expert can determine what type of treatment would best benefit the driver and recommend the appropriate treatment program to the court. Unfortunately, only residential treatment is typically credited by the court against a jail sentence - outpatient treatment usually doesn't qualify.
Ultimately, there are many types of alternative sentencing available in California DUI / DWI cases, and residential treatment is a viable option. An accused drunk driver needs an expert defense team comprised of a skilled criminal defense lawyer and a knowledgeable Substance Abuse Expert looking out for his or her rights and fighting to avoid a jail sentence. |
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