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
The most common alternatives to
jail sentence include:
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,
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.
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).
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.
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.
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
drawbacks to S.C.R.A.M. monitoring: 1) You cannot consume alcohol
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.
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.
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.
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.
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.
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.
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.
alternative is usually preferred to what is otherwise a lengthy jail sentence
for multiple DUI convictions.
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.
DUI & Criminal Defense Attorney, Redlands, Fontana, San Bernardino, Victorville, Rancho Cucamonga,Ontario, Los Angeles, Riverside, Yucaipa & Highland, California