Alternative sentencing options for a DUID conviction
Driving under the influence of marijuana in California is a serious offense that carries severe penalties. Hiring an experienced California DUI criminal attorney who knows what types of alternative sentencing options are available is the key to avoiding a county jail or state prison sentence.
Private jail or “city jail” allows an individual who has been convicted of driving under the influence of drugs (DUID) to serve their jail sentence in a non-threatening environment. Although they do charge a fee, their accommodations are much nicer than county jail, they offer rooms instead of cells and those who stay there are permitted to bring books or laptop computers. The down side is that an individual who opts for private jail will most likely be required to serve his or her entire sentence without receiving the benefit of early release credits.
Community service or labor is often available to an individual convicted of this charge. Cal-Trans (picking up trash on the side of the freeway) or graffiti removal are typically offered, although community service may be alternatively assigned if the defendant has a medical issue that prevents this type of labor. “Good time” credits are not usually offered under this option either.
Work Release and work furlough programs are offered in some counties, which allow an individual to perform some type of labor (which is assigned based on physical abilities) and then return to either their homes or a dorm-like setting at night.
Drug treatment is an option for those who suffer from a drug problem as opposed to an occasional user who was caught driving. Living in an authorized drug rehabilitation center may allow an individual to serve his or her jail sentence while in rehab, receiving credits toward any imposed fine for any time that the individual resides in the facility over his or her required sentence. Such a program may even be covered by one’s health insurance. Residing in a sober living environment will also allow an individual to receive credit towards a jail sentence and/or fine. The main difference (and benefit) of sober living versus rehab is that many residents of sober living environments are permitted to work and otherwise leave the residence during the day.
Electronic monitoring (also known as “house arrest”) takes place when an individual is fitted with an ankle-bracelet that electronically keeps track of his or her whereabouts. Although one allowed this opportunity is typically expected to remain in his or her home for the duration of the sentence, an individual may be permitted to work, do laundry, shop for groceries, do other personal errands and attend court and other court-ordered programs, if pre-approved by the probation department.
It should be noted that not all of the sentencing alternatives listed above will be available in every case or in every county. These options vary between counties, between courthouses and even between judges, which is why it is vital that the accused contacts a criminal defense lawyer who is familiar with the local practices and who can answer questions about each type of alternative. The exceptional D.U.I.D. attorneys at The Kavinoky Law Firm have law offices throughout California, including several in and around the Los Angeles area, making them conveniently located for anyone who has been charged with driving under the influence of marijuana. Because of their state-wide presence, they know the local customs and practices, which gives their clients a tremendous advantage over out-of-area attorneys. For the most trusted legal advice and unsurpassed representation, contact them today for a free consultation.
