One of the possible penalties on a DUI, whether it’s a first-time DUI or a second or third, is potential jail time. County jail is a very real possibility even on a first-time DUI, depending on the facts of the case. On a first-time DUI, someone could possibly be exposed to up to six months of county jail if they’re convicted. On a second-time offense, there’s actually mandatory jail time: 96 hours. Mandatory jail time lasts up to a year on a second-time offense. Jail can definitely be imposed, even on a first-time DUI.
A lot of times if somebody refuses to submit to a chemical test, there’s mandatory jail time. If somebody is charged and found to have DUI with speed enhancement, there’s mandatory jail time. If somebody has young kids in the car with a DUI, that also triggers mandatory jail time. There are a lot of different reasons in a case that could result in someone being sentenced to county jail.
Los Angeles County Jail Is Over-Crowded and a Very Unpleasant Experience
We need to find ways around jail time, because the Los Angeles County jail system, run by the Los Angeles Sheriff’s Department, is not some place that you want to go. It is very overcrowded, which may mean you serve a shorter potion of your sentence. The overcrowding makes it a very unpleasant experience for anybody – whether you’re a sheriff working in the jail or somebody who was ordered to do county jail time. We want to do whatever we can to make sure that our clients don’t go anywhere near county jail.
The county jail is full of various people who are charged and convicted of cases. You can have some hardened criminals and people that are charged with very serious felonies who are waiting to go to trial and are being housed right there with a first- or second-time DUI offender. We have to be very, very careful with that.
Also in California, we’re dealing with a realignment program, where there’s overcrowding in the state prisons. The state prisons have actually shipped convicted felons from the state prison back to the counties to house and care for. The county facilities are not always properly equipped to handle them.
The one benefit about county is that people get kicked out without doing the full time. The downsides and the risks to an individual’s health and well-being are far outweighed. We don’t want people going to country jail, so we need to have alternatives. There are some alternatives –some easier to get than others – to keep people out of county jail.
An Alternative to the County Jail: City Jail
For somebody who is required to do custody time, custody time is typically county jail, but an alternative to county jail may be city jail. There are a lot of local small cities that actually run a business, commonly referred to as a pay-to-stay program. That’s where they actually take people, typically second-time DUI offenders, and have them pay a fee, anywhere from $50 a night to $200 a night, to stay at a jail facility. They get full credit for being in custody, it satisfies the court, it satisfies the Department of Motor Vehicles, and the person doesn’t have to go to county jail. It’s like a bad motel, but it’s one that will work for people. The individual police departments are making a profit on these programs, and they want people to be treated well because they want the attorneys to send their various clients there when appropriate.
You may do a pay-to-stay program at the Beverly Hills city jail or the Burbank city jail, depending on where you live and what’s going to be an appropriate location for you. The pay-to-stay programs often will allow people to serve time during weekends. They can come in on Friday, leave on Sunday, and come back the following Friday, so they do not miss a day of work. This is a great alternative for some people.
Secure Electronic Confinement Is Another Alternative to County Jail
Another alternative to county jail, for certain people and certain cases, is what would be referred to as secure electronic confinement or SEC. This would also be known as house arrest, where people wear an ankle monitor at home. We can also get a work release house arrest program setup, where somebody goes leaves home to go to work. They’re tracked by an electronic ankle monitor to make sure they are where they are supposed to be. They can get credit for being “in custody” while they’re actually at work. Those are a couple of options.
We also have the possibility of putting people into treatment programs, such as a residential rehab, to keep people safe and clean and sober while possibly earning credit towards custody time. I use all of these alternatives on a regular basis, depending on what my clients need and what’s in their best interest.
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