Monday, July 14, 2014

DUI Court Program: Alternative To Mandatory Jail Time?

Although a
first-time DUI conviction is punishable by up to six months in the Orange
County jail, most non-collision first offense DUI’s are rarely punished by any
jail time at all. Of course there is still a driver’s license suspension issued
by the DMV, unless your
DUI Attorney in Orange County was skilled enough to get the first
offense reduced to a
wet reckless and to win at the DMV hearing.





A second or
third DUI within ten years, however, is a different story. A non- collision second
offense DUI in Orange County is typically punished by 45 to 90 days in the
Orange County jail. A third offense DUI draws around 300 days of jail time. And
unless your
Orange County DUI defense lawyer negotiates a settlement containing
some combination of residential alcohol or drug therapy, pay and stay, and home
confinement, you can expect to serve that time in the Orange County jail.


Naturally,
people facing charges for a second or third offense
DUI are eagerly looking for alternatives to serving
actual jail time. One alternative is the Orange County DUI Court program.
DUI Lawyer in Orange County  find that this is an excellent alternative for
clients who are ready to deal with an alcohol or drug addiction and are eager
to work at sobriety. For those clients, the DUI court program is an excellent
alternative. However, it is a lot of work and requires a firm commitment to
getting and staying sober.


The DUI
court program takes at least a year to complete and includes group and
individual therapy, random tests for alcohol and drugs, self-help meetings (AA
meetings), checking in with a probation officer, court appearances. General information
about the DUI court program can be found at  
http://www.occourts.org/general-info/dui-court/.
Your
Orange County DUI Attorney must ask the judge for a referral to
the DUI court program. You will then be interviewed to determine if you are a
good candidate for the program. If you are, you will plead guilty to the DUI
offense and, instead of serving the jail time, you will work closely with the
probation department, county health, and the court.


Although
successful completion keeps you out of jail, you must still serve the mandatory
custody requirements of the offense. For example, a third-offense DUI carries a
mandatory jail sentence of 120 days. If you go into the DUI court program,
however, the judge will allow you to serve this minimum sentence through home
confinement. While on home confinement you will wear a GPS bracelet and when
you are not at work or doing DUI court activities, you must be at home. It
certainly is far better than being in the Orange County jail.


The DUI
court program contains a 30 day orientation phase where the self-help meetings,
court visits, alcohol and drug testing, and counseling is very intense. After
that there are three “phases” of the program where the intensity diminishes.
You can find a complete description of the DUI court program at  
http://www.occourts.org/general-info/dui-court/.
Just click on “DUI COURT HANDBOOK”. If you think you are a good candidate for the
DUI court program, tell your
DUI Attorney in Orange County to set up a DUI court evaluation.
The program is known for its effectiveness with people who truly want to get
sober.
If you face DUI charges call The Law Offices of
EJ Stopyro at (949) 559-5500 today. Or visit us online at www.ejesquire.com. We have offices at 32072
Camino Capistrano, 2nd floor, San Juan Capistrano, CA 92675 and 1901
Newport Blvd., Suite 350, Costa Mesa, CA 92675.                   

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