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How to Avoid Jail When You’ve Been Arrested for Second DUI

How to Avoid Jail When Youve Been Arrested for Second DUI - Los Angeles DUI Attorney BlogWhile the penalties for DUI in California are strict, there are several offenses that do not typically include jail time – even for a second offense. If you’ve been arrested for second DUI, it’s important to seek legal counsel from an experienced DUI attorney to discuss one of three alternatives to jail.

Penalties for Second DUI Conviction

California law states that if a person is convicted of two DUI offenses within ten years, the second can carry a penalty of 90 days to 1 year in the county jail. Even harsher are penalties resulting from aggravating factors like bodily injury or death. In those instances, the accused may face a felony charge with up to four years in state prison.

In addition to jail time, a second DUI conviction can result in:

  • Court ordered probation
  • Ignition interlock device with applicable installation and maintenance fees
  • Substance abuse classes
  • Court fines
  • 1-2-year driver’s license suspension

Alternatives to Jail Sentencing

Luckily, experienced DUI attorneys can better navigate the judicial system and work toward a lesser sentence depending on the circumstances of your case. Rather than resign to jail time, you can defend your case with the help of a lawyer to reach one of the following resolutions:

  • Probation / credit for time served
  • Alternative sentencing
  • A case that is fought and won

Circumstances that Warrant Probation on a Felony

Probation is not a guarantee; in fact, it’s unlikely without the help of a qualified attorney. The judge will review the facts of your case which include but are not limited to:

  • Overall driving record
  • Bodily injury and property damage because of the DUI and restitution by insurance
  • Personal statements from the defendant
  • Moral character

Alternative Sentencing Defined

One of the most common alternatives to jail is electronic home confinement. In short, this means your whereabouts will be monitored via GPS or an “ankle bracelet.” The terms of this sentence entail:

  • Permission to travel solely to and from work
  • Completion of entire sentence
  • Payment of all applicable fees

The positive side of home confinement is the ability to work for oneself and family, more freedom, and – of course – no jail.

Realities of Fighting the Case

It may behoove you to dispute the charges before a judge. Your DUI attorney will conduct a full review of all evidence that may cause the prosecution to have concerns about proving the case beyond a reasonable doubt to all jurors including:

  • Lack of probable cause for the traffic stop
  • Inconclusive blood or breath test results
  • Inability to prove the validity of a Field Sobriety Test (FST)

Whether it’s your first, second or third DUI, it’s advisable to consult an experienced attorney who will make all the evidence is admissible and/or whether it can be compromised from the moment of arrest to your day in court. A seasoned lawyer that the prosecutors fear will know which loopholes – and judges – to pursue in your favor. Knowing your rights and going to court with the proper expectations is half the battle.

Contact Jon Artz today if you need to speak with an experienced DUI lawyer in Los Angeles. The fastest way is by calling: 310-820-1315.


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