When Does a DUI Result in Incarceration in San Diego?
A DUI is an offense that involves intoxication of a person who consumed alcohol or drugs before getting behind the wheel of a vehicle. As a DUI is considered a criminal offense, many individuals face incarceration. While the likelihood of jail time is difficult to predict, as sentencing standards can vary considerably county-to-county, here are the most common determining factors.
BAC Limits
Police officers can charge a California resident with DUI if that person has a blood alcohol level of at least .08 percent, according to the Breathalyzer exam. They can charge a commercial driver with DUI if that person’s BAC is .04 or more. If an individual is under a DUI probation, the limit is under .01 percent. A BAC of over .15 percent is considered to be an “aggravating circumstance” (see below) which increases the likelihood of incarceration.
In California, a person who is under the age of 21 can receive a DUI citation for having a BAC of more than 0.01 percent, and can also receive further charges if they are found in possession of alcohol.
Multiple Offenses
One of the main factors in incarceration is whether the DUI is a first-time offense or if it is a repeated incident. The minimum sentences for jail time increase significantly for second, third, and fourth-time offenses within a ten year period, as do the accompanying fees and fines.
Subsequent DUI offenses call for harsh penalties because of their dangerous nature. A person who is convicted of DUI for the second time could spend as much as one year in jail. The minimum sentence for a second-time offender is 10 days. A third offense of DUI can result in incarceration for up to one year with a minimum sentence of 120 days. The person could also lose his or her license for three years.
Aggravating Circumstances
Aggravating circumstances can significantly increase your chance of earning jail time. These circumstances can include having a BAC of .15% or higher, DUI test refusal, causing an accident that results in injury or death (vehicular manslaughter), driving children under the age of 14 and the time of offense, excessively speeding, and more.
California Incarceration Alternatives
In California, there are several sentencing alternatives for DUI cases. These alternatives are designed to help the offender rehabilitate from issues with drugs and alcohol. Common alternatives include community service, house arrest, electronic monitoring, ignition interlock devices, and residential rehabilitation programs. Additionally, San Diego has a Work Furlough Program which allows inmates to maintain employment while serving a custody commitment. An experienced DUI attorney is essential in arranging these alternatives.
How to Avoid Incarceration for a San Diego DUI
The best way for a person to avoid incarceration for a DUI is to contact a criminal defense attorney as quickly as possible. A reliable criminal law attorney can help from the moment a police officer stops a person’s vehicle for DUI suspicion. Every driver has the right to request representation. An accused person can exercise his or her right as soon as the police announce the accusation and try to issue the citation. If you are in need of a DUI or DWI lawyer in San Diego, contact the law offices of Bradley R. Corbett for a free case consultation.
Photo by Krystian Olszanski / CC BY
Sources:
California Department of Motor Vehicles Driver Handbook
San Diego Work Furlough Program
Bradley Corbett
Bradley Corbett is a criminal defense attorney in San Diego. He graduated from Brigham Young University in Provo Utah in 2004. Later he enrolled at Thomas Jefferson School of Law in San Diego where he participated in a prestigious internship program with the Los Angeles County Public Defender. Since then he has handled over 2,000 cases.