DUI Essentials: Sentencing Alternatives to Jail Time

 

The thought of being locked up behind bars is one of the most frightening prospects faced by those charged with DUI/DWI. While it is true that most states now carry a mandatory jail sentence, ranging from 48 hours to 2 years, depending on the severity of the crime, there are ways around doing a full jail term which an experienced DUI lawyer will be able to assist you with.

 

Home Detention

 

Home detention is where you are required to stay in your own home in lieu of jail time. You are required to wear a SCRAM electronic device on your ankle – as popularized by stars like Lindsay Lohan and Paris Hilton – which alerts the local police station if you go out the bounds of your house. Generally this option is only available to famous or commercially important people who may suffer increased torment or unease as a result of being thrust into the general prison population. Although the politically-correct reason normally given by the courts to the media is that the star’s home arrest was a result of “overcrowding” in jails.

 

Work Release

 

Work release is a more viable option for us regular folk who have a job, pay taxes, and are at risk of losing that job if we are not able to attend – and so Uncle Sam also loses out on our tax dollars. The benefit of work release is that while you do need to check into jail and spend the night there, you are allowed out for 12 hours a day to work. Of course you will need to prove your employment status and show that it is possible to get to work within a reasonable time frame on public transport, or that someone can take you, given that you will have lost your driving privilege. You may also need to get a notice signed by your supervisor stating that you were at work for the full time you were supposed to be as opposed to going off to visit a significant other, friends, or family.

 

Community Service

 

Community Service is becoming more popular with certain counties and states as an alternative to locking people up – especially as it is a reality that US jails are increasingly overcrowded. A skilled attorney may be able to argue that you would be better served doing volunteer work in the community, especially if you have a particular skill you can offer that benefits vulnerable groups, such as a good level of literacy, math, or computer skills. You will still need to fulfill as many hours of community service as you would have done in jail and within a certain time period, and show proof to your probation officer that you have fulfilled your obligation, so this time commitment could certainly get in the way of your work and regular life routine, but the upside is you get to give back to your community, meet new people, and have a sense of fulfillment from helping people, as opposed to sitting locked in jail all day staring at the walls.

 

Am I Eligible for a Sentencing Alternative?

 

The only way to find out for sure if you may be eligible for a sentencing alternative is to contact an experienced local DUI/DWI attorney in your area. He or she will be familiar with judges in the county in the county and the sentencing alternative programs that might be available to you, depending on the nature of your case. It takes just five minutes to complete the short form on our homepage, and we will match you with an experienced attorney today!