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Can I go to Jail for a DUI in Los Angeles?

Posted by Robert Berglund | Apr 26, 2023

Yes, it is possible to go to jail for driving under the influence (DUI).  The severity of the punishment for a DUI offense can vary depending on the specific circumstances of the case and the jurisdiction in which the offense occurred.  A good Los Angeles DUI attorney will fight to keep you out of jail for a DUI.  Repeat offenders or those involved in accidents resulting in serious injury or death may face much longer jail sentences.

A good Los Angeles DUI lawyer will fight to get DUI charges dismissed or reduced to a less serious charge.  If the case proceeds to trial, a “not guilty” verdict will have the same effect.  These are all ways to avoid a criminal conviction and jail time after a DUI arrest.  If you are convicted, your attorney may be able to negotiate alternatives to actual jail time.  For example, an experienced Los Angeles DUI lawyer can usually get the prosecutor and Judge to agree to allow community labor or community service instead of jail.  Electronic monitoring or entering into a residential treatment program can sometimes be credited against actual jail time. But be advised that Judges are less willing to be lenient to a person who has multiple DUI convictions. 

A good DUI lawyer will ask the prosecutor and Judge to consider mitigating factors.  For example, if a person has no criminal record and it is a first DUI offense are both considered mitigating factors.  A sentence with no jail, or a jail alternative, is more likely if there are mitigating factors.  On the other hand, if there are aggravating factors present then it will be more difficult to avoid a jail sentence.  Aggravating factors include a DUI involving an accident or injuries, a high blood alcohol content (usually .15 or higher), children in the vehicle, refusing a chemical test, and driving at a high rate of speed.  

If you have been arrested for DUI call Berglund Law Office, P.C. today at (877) 667-1205 or fill out the form on our CONTACT US page for a free and confidential consultation.  DUI Lawyer Robert D. Berglund will personally return your phone call to discuss your case. 

About the Author

Robert Berglund

Attorney Robert D. Berglund is dedicated to handling any and all traffic violations, including traffic infraction tickets, as well as misdemeanor criminal traffic violations, such as driving under the influence (DUI), driving on a suspended license, and reckless driving.


Our office specializes in representing individuals facing traffic violations. We represent our clients in both court and at DMV hearings. Your case will be handled with the personalized attention and expertise that it deserves.

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There is no charge for the phone consultation. Our office specializes in representing individuals facing traffic violations. Attorney Robert D. Berglund will personally speak with you about your case and provide you with an honest analysis. Contact us today.