One of the misconceptions about a second time DUI is whether they have to go to jail. A lot of people don’t even realize that jail is a mandatory requirement on a second time DUI. They think like a first time DUI, although it is possible, it does not have to happen, but the way the law is written is that if someone is convicted of a second time DUI, there is a requirement that they do jail time. There may be ways to get around that but as the law is written, it is required.
People Generally Are Unaware of the Driver’s License Ramifications for a 2nd DUI
Another area where people are often misinformed concerns the consequences regarding their driver’s license. On a first time DUI, there are suspensions that can be imposed and suspensions that can be shortened. There are similar situations on a second but people don’t realize how long the hard suspension is and what the requirements there are to get the license back.
Alternative Incarceration Options for 2nd Time DUI Offenders in California
There are cases where no matter what the attorney does, somebody is going to end up being convicted of a DUI. This means there will be a requirement for some jail time. Now if someone is in that situation, there is county jail but that is not the only type of jail that is available. Sometimes there may be what is called a private jail or a pay-to-stay jail. Typically a local city jail maybe an option for somebody instead of going to county jail with the general population that includes gang members and those in for all types of different crimes.
It Is Possible for a DUI Defendant to Serve Time in a City Jail As Opposed to County Jail
They may be able to get a pay-to-stay jail program where they actually stay in a local city jail, held with people who are very similar, maybe other second time DUI offenders, and serve the time in a city jail versus a county jail. Another advantage to being able to serve time in a city jail is that sometimes weekend jail is an option. People may be able to serve their time on Saturday and Sunday for a couple weekends in a row to work off their jail time instead of going to county.
Sheriff’s Alternative Work Program Is Another Available Alternative to Incarceration
County jail is one option; a city jail or a pay-to-stay jail is another option. Sometimes there are sheriff’s alternative work programs where someone may be able to actually get house arrest or community labor instead of doing jail time because of jail overcrowding. There are some alternative programs that may be in place, and if the case is handled correctly, someone may be able to do that and avoid actually spending the night in jail. However, it is going to depend on the particular facts of the case: the particular location, the courthouse, the judge, the attorneys and what type of agreement can be worked out.
The Costs Associated with the Pay-to-Stay Jails in the State of California
The pay-to-stay programs can run from being relatively inexpensive to very expensive. There are some private jails or city jails that may charge somebody $50 to spend the night; others charge over $200 to spend the night. There are different advantages to each; there are different qualities and securities and safety and comfort that may come along with different facilities. A lot of cities’ pay-to-stay programs are operating to make a profit.
It Is Imperative to Retain an Attorney That Is Aware of All Possible Options in a DUI Case
Some cities are trying to make some money to support the jail, to support the police department or even support the city where the jail is located. So they are a money-making venture, but for many people, a pay-to-stay program or doing the time on weekends means the difference between keeping their job and not keeping their job or being able to provide for their family and not being able to provide for their family. So having an attorney who knows what the options are and what is available is very important.
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