DUI: ALTERNATIVES TO JAIL
Fontana DUI Attorney, San Bernardino DUI Attorney & Redlands DUI Attorney
Fortunately, there are alternatives to going to jail in some DUI cases. Below you will find the most common alternatives to a jail sentence:
The most common alternatives to jail sentence include:
Electronic monitoring: This DUI alternative sentencing is also known as "house arrest." It requires the prisoner to wear an ankle bracelet that monitors where the prisoner is at all time. A person on "house arrest" is generally allowed to attend school, work, doctor appointments and other important activities so long as he or she is at home at night and during the times that he or she is not at work, school, etc.
This alternative is very attractive to most DUI defendants. There is a fee associated with electronic monitoring that is somewhere between 10 and 25 dollars a day for each day of monitoring; the amount charged depends on several factors such as whether or not the defendant has a land-line phone connection at the place of their residence. This electronic monitoring is a great alternative to going to jail.
The drawbacks to electronic monitoring: 1) It cost more than other alternatives to DUI sentencing, 2) you cannot leave your house at night, and 3) you do not get "good time" credits (no time off your sentence for good behavior).
S.C.R.A.M., or Secure Remote Alcohol, Monitor program is monitoring closely associated with electronic monitoring. S.C.R.A.M. monitoring monitors the amount of alcohol in the person's body. With S.C.R.A.M. the defendant wears an ankle bracelet similar the electronic monitoring bracelet except that if the defendant registers alcohol in his blood then the bracelet will record that evidence. If alcohol is detected in the defendant's body then the defendant will be in violation of his probation.
This alternative is usually not offered by itself because it is not considered much of a punishment to be ordered to not consume alcohol without any other penalty.
Usually, the device is ordered as part of the electronic monitoring bracelet (some bracelets can monitor both the defendant's location as well as the defendant's alcohol levels).
The drawbacks to S.C.R.A.M. monitoring: 1) You cannot consume alcohol
Work Release: This DUI alternative sentencing has the prisoner work at a site which is determined by the probation department. This is another great alternative to jail where the prisoner goes to work in the daytime (not paid) and must go home at night.
However, with work release there is no electronic monitoring at night which means the defendant is usually allowed to go out at night without the restrictions of the electronic monitoring restrictions listed above.
The benefits of this alternative are that the defendant can usually leave his house at night so long as that is not also a condition of his probation, and the defendant does not have to pay for the electronic monitoring.
The drawbacks of course is that the defendant has to work in the daytime, usually picking up trash. Another drawback is that the defendant has to actually go somewhere to work.
City Jail: This DUI sentencing is also known as "weekend jail." This alternative allows the prisoner to check in during the weekends and check out during the weekdays. This is a great alternative for prisoners who are trying to maintain a regular job. There is no electronic monitoring and there is no pre-selection of where the prisoner will work. In addition, there is usually not a requirement to stay at home when the prisoner is not in jail.
Work Furlough: This DUI sentencing alternative allows the prisoner to keep his or her own job but the prisoner must check into a dormitory at night to sleep. This alternative is much like the previous one (Weekend Jail) except that the weekends are spent in a dorm with other similarly-situated defendants instead of a cold jail cell.
Alcohol or Drug Rehabilitation: Where a DUI is committed by a person who is drug or alcohol dependent, the prisoner might be allowed to attend AA style meetings as an alternative to jail. The prisoner must usually pay to attend these meetings and the judge will usually order in-custody detention if the prisoner misses a substantial amount of the rehabilitation classes. This is another great alternative for the defendant who needs the support group to avoid subsequent DUIs.
Sober Living: This alternative might be available for persons convicted of multiple DUIs where alcohol or drug rehabilitation is not working. Basically, a prisoner is placed with other similarly-situated prisoners who live together and attend daily meetings designed to help the prisoner fight their dependency. Chores are usually assigned to the prisoners and they may not leave the facility.
This alternative is usually preferred to what is otherwise a lengthy jail sentence for multiple DUI convictions.
It is important to remember that some or all of the above mentioned alternatives to jail sentence might not be available. This is due to the fact that all DUI cases are different and some options are not available in some counties.
Contact DUI Attorney Christopher Dorado today to learn more.