arrested for a DUI is a harrowing experience, to say the least. As an
experienced DUI defense Lawyer in Orange County I can tell you that most people who
are arrested for a first-offense DUI are pretty traumatized by the experience.
Typically, this is the first time they have been arrested, handcuffed, and
taken to the Orange County jail, where they spend around ten hours before they
are released. Even though the punishment for a typical first-offense DUI in
Orange County doesn’t include jail time, most of my clients who experience a
first-offense DUI arrest swear that it will never happen again.
Unfortunately,
it is a statistical fact known all too well to Orange County DUI Attorneys that a certain percentage of those who are arrested for
a first-offense DUI will be arrested for a second-offense DUI within ten years
of their first-offense DUI conviction. And unfortunately for them the
punishment in Orange County for a second-offense DUI is no slap on the wrist.
The typical jail sentence in Orange County for a second-offense DUI—where there
is no accident, child in the car, or excessive speed—is somewhere between 60
and 90 days in the Orange County jail.
it is a statistical fact known all too well to Orange County DUI Attorneys that a certain percentage of those who are arrested for
a first-offense DUI will be arrested for a second-offense DUI within ten years
of their first-offense DUI conviction. And unfortunately for them the
punishment in Orange County for a second-offense DUI is no slap on the wrist.
The typical jail sentence in Orange County for a second-offense DUI—where there
is no accident, child in the car, or excessive speed—is somewhere between 60
and 90 days in the Orange County jail.
Now, in the
past, a DUI defense attorney representing a person facing charges
for a second-offense DUI in Orange County could often get permission from the
court to allow their client to serve this 60 to 90 days as “home confinement”
or “secured electronic confinement” (“SEC”) instead of actual time in the
Orange County jail. Under this program, the defendant wore a GPS bracelet, was
allowed to leave their home to go to work and the mandatory Alcohol program, but was otherwise required to stay
home during their sentence. I can tell you from first-hand experience that
there is a night and day difference between serving jail time and home
confinement.
past, a DUI defense attorney representing a person facing charges
for a second-offense DUI in Orange County could often get permission from the
court to allow their client to serve this 60 to 90 days as “home confinement”
or “secured electronic confinement” (“SEC”) instead of actual time in the
Orange County jail. Under this program, the defendant wore a GPS bracelet, was
allowed to leave their home to go to work and the mandatory Alcohol program, but was otherwise required to stay
home during their sentence. I can tell you from first-hand experience that
there is a night and day difference between serving jail time and home
confinement.
However, with
the changing of presiding judges in the Orange County courts that handle DUI
charges, the days of home confinement, house arrest or SEC are fading fast.
These days the judges are very reluctant to allow for home confinement. This
means that the alternatives to jail time that can be sought by an Orange County DUI lawyer are becoming slim. Some of the alternatives include
time in a Residential Alcohol Treatment facility, serving time in a private
jail or “pay and stay”, the DUI court program, or serving the jail sentence on
weekends. While none of these alternatives are as forgiving as home
confinement, they are still better than actually serving jail time.
the changing of presiding judges in the Orange County courts that handle DUI
charges, the days of home confinement, house arrest or SEC are fading fast.
These days the judges are very reluctant to allow for home confinement. This
means that the alternatives to jail time that can be sought by an Orange County DUI lawyer are becoming slim. Some of the alternatives include
time in a Residential Alcohol Treatment facility, serving time in a private
jail or “pay and stay”, the DUI court program, or serving the jail sentence on
weekends. While none of these alternatives are as forgiving as home
confinement, they are still better than actually serving jail time.
Moreover,
while these remaining options are still, for the most part, available to most “standard”
second-offense DUI offenders—where there is no accident, child in the car, or
excessive speed—they are usually NOT available when the offense involved is a
third-offense DUI. In that case most judges will require jail time. And the
typical jail sentence for a third-offense DUI is about eight months in the
Orange County jail.
while these remaining options are still, for the most part, available to most “standard”
second-offense DUI offenders—where there is no accident, child in the car, or
excessive speed—they are usually NOT available when the offense involved is a
third-offense DUI. In that case most judges will require jail time. And the
typical jail sentence for a third-offense DUI is about eight months in the
Orange County jail.
If you are
accused of a DUI in Orange County, call The Law Offices of EJ Stopyro at (949)
559-5500 for a free and confidential consultation with an experienced Orange County DUI defense attorney. You can also get information about
your DUI charge by visiting our website at www.ejesquire.com.
We have offices at 32072 Camino Capistrano, 2nd floor, San Juan
Capistrano, CA 92675 and at 1901 Newport Blvd., Suite 350, Costa Mesa, CA
92627.
accused of a DUI in Orange County, call The Law Offices of EJ Stopyro at (949)
559-5500 for a free and confidential consultation with an experienced Orange County DUI defense attorney. You can also get information about
your DUI charge by visiting our website at www.ejesquire.com.
We have offices at 32072 Camino Capistrano, 2nd floor, San Juan
Capistrano, CA 92675 and at 1901 Newport Blvd., Suite 350, Costa Mesa, CA
92627.
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