A person convicted of a 3rd offense DUI faces 120 days minimum in county jail. A person convicted of a felony DUI could be sentenced to years in prison. A good DUI Lawyer will discuss alternative sentencing options with the prosecutor and Judge. One such option may be for the client to serve his or her sentence in a residential treatment program. This is a non-medical program operated by persons trained and educated in alcohol and drug abuse, as well as general mental health. This model is commonly referred to as "rehab," and provides treatment for those dealing with alcohol and substance abuse issues. As opposed to an "outpatient program," a person in a residential program lives at the facility for a minimum period of time. The duration of the program varies depending on a number of factors, but is largely determined by the amount of treatment that the person needs or is ordered by the court to complete. For example, an individual enrolled in a 90 day program may spend the first portion of the program in detox and intensive treatment, followed by substance therapy and aftercare planning. There are many good residential treatment programs in California. Many health insurance plans will cover some, if not all, of the expenses associated with substance abuse treatment.
Following arrest, but prior to conviction, it appears that you are facing a likely jail sentence, it may be advised to enroll in a residential treatment program. California Penal Code Section 2900.5 allows a person living in a rehabilitation facility to receive custody credits applied towards any subsequent jail sentence. But they must be ordered to do so by the Judge once the criminal case is filed. A good Los Angeles DUI attorney will make sure that the Court orders the client to reside at the residential program as a condition of their own recognizance (OR) release or as a bond condition (if they were required to post bail). The person is also entitled to receive full credits pursuant to Penal Code Section 4019, which means they receive one day credit for every actual day they are in custody. For example, a negotiated plea bargain offer may require the sentenced person to serve 180 days in county jail. By law, this will require the person to serve 90 days in the program, rather than 180 days. In order to receive credits while at a residential treatment program, the person must not be allowed to come and go as they like. California court decisions state that whether or not a person will receive jail custody credits while at the residential treatment facility depends generally on factors such as the extent freedom of movement is restricted, regulations governing visitation, rules regarding personal appearance, and the rigidity of the program's daily schedule. The concept of custody generally connotes a facility rather than a home. It includes some aspect of regulation of behavior and supervision in a structured life-style. If these criteria are met, the person will receive custody credits. CONTACT our office today if you have been charged with DUI and may be facing jail time.
Many persons charged with DUI have problems with alcohol and drug abuse. The majority of those arrested for DUI are not "criminals" and have no record outside of their current, or previous, DUI. Residential treatment programs are a good alternative to jail and also will benefit the person in the long run if they can maintain sobriety going forward in life. Berglund Law Office, P.C. specializes in representing persons charged with DUI and facing jail time. CONTACT us today for a free and confidential consultation.
